The Honorable Shirley CHISHOLM et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
CBS, Inc., et al., Intervenors.
DEMOCRATIC NATIONAL COMMITTEE, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Broadcasting Company, Inc., and Radio Television News Directors Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 26, 1975.
Decided April 12, 1976.
Rehearing Denied May 13, 1976.
Certiorari Denied October 12, 1976.
Attorney(s) appearing for the Case
Harvey J. Shulman, Washington, D. C., with whom Collot Guerard, Washington, D. C., was on the brief for petitioners in No. 75-1951.
Marcus Cohn, Washington, D. C., with whom Robert N. Smith, Martin J. Gaynes and Sheldon S. Cohen, Washington, D. C., were on the brief for petitioner in No. 75-1994.
Werner K. Hartenberger, Deputy Gen. Counsel, F. C. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, Stephen A. Sharp, Counsel, F. C. C., B. Barry Grossman and Lee I. Weintraub, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.
Timothy B. Dyk, Washington, D. C., with whom J. Roger Wollenberg and Daniel Marcus, Washington, D. C., were on the brief for intervenor CBS Inc., Joel Rosenbloom, Washington, D. C., and Richard D. Paisner also entered appearances for intervenor CBS, Inc.
James A. McKenna, Jr., Thomas N. Frohock, Washington, D. C., and John J. Smith, Washington, D. C., were on the brief for intervenor American Broadcasting Companies, Inc.
Corydon B. Dunham and Howard Monderer, Washington, D. C., were on the brief for intervenor National Broadcasting Company, Inc.
J. Laurent Scharff, Washington, D. C., was on the brief for intervenor Radio Television News Directors Association.
Ellen Show Agress and Earle K. Moore, New York City, were on the brief for intervenor Office of Communication of the United Church of Christ, et al.
Henry Geller, Washington, D. C., filed a brief on behalf of Aspen Institute Program as amicus curiae urging affirmance.
Kenneth J. Guido, Jr., Washington, D. C., filed a brief on behalf of Common Cause as amicus curiae urging affirmance.
Stephen I. Schlossberg, Detroit, Mich., entered an appearance for intervenor, International Union United Automobile, Aerospace and Agricultural Implement Workers of America.
Henry Geller, Washington, D. C., entered an appearance for the League of Women Voters of the United States as amicus curiae.
Before WRIGHT, TAMM and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Certiorari Denied October 12, 1976. See 97 S.Ct. 247.
Opinion for the court filed by Circuit Judge TAMM with whom Circuit Judge WILKEY concurs.
Dissenting opinion filed by Circuit Judge WRIGHT.
TAMM, Circuit Judge:
I. INTRODUCTION AND BACKGROUND
This case concerns perhaps the most important interpretation of the equal time provision of the Communications Act of 1934, 47 U.S.C. § 315(a),1 which has...
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