BILINGUAL BICULTURAL COALITION, ETC. v. F. C. C.

Nos. 75-1855, 75-2181.

595 F.2d 621 (1978)

The BILINGUAL BICULTURAL COALITION ON MASS MEDIA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Mission Central Co., Intervenor. CHINESE FOR AFFIRMATIVE ACTION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, CBS, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 1978.


Attorney(s) appearing for the Case

Nolan A. Bowie, Washington, D. C., with whom, H. Joseph Farmer, Washington, D. C., was on supplemental memorandum of Bilingual Bicultural Coalition on Mass Media, Inc., case No. 75-1855.

Ellen S. Agress, New York City, for appellant Chinese for Affirmative Action, Charles M. Firestone, was on supplemental memorandum of Chinese for Affirmative Action, case No. 75-2181.

Daniel M. Armstrong, Associate Gen. Counsel, Washington, D. C., with whom Roberta L. Cook and Sheldon M. Guttmann, Counsel, Washington, D. C., were on the supplemental memorandum for F. C. C.

Ashton R. Hardy, Richard J. Bodorff, Henry C. Bowen and J. Tullos Wells, Washington, D. C., entered appearances for F. C. C.

Eric L. Bernthal, with whom Harry M. Plotkin, Washington, D. C., was on supplemental memorandum, Ronald A. Cass, Charlottesville, N. C., for Mission Central Co., Intervenor.

Thomas J. Daugherty, with whom Preston R. Padden, Washington, D. C., was on supplemental memorandum of amicus curiae Metramedia, Inc.

Erwin G. Krasnow, Washington, D. C., with whom Melvin L. Reddick, was on brief, for amicus curiae Nat. Ass'n of Broadcasters.

Michael H. Bader, with whom Raymond C. Fay and John M. Pelkey, Washington, D. C., were on brief, for amicus curiae Doubleday Broadcasting Co. Inc.

Bernard Koteen, Washington, D. C., with whom Alan Y. Naftalin, Arthur B. Goodkind, Washington, D. C., Corydon B. Dunham, New York City, and Howard Monderer, Washington, D. C., were on memorandum of amicus curiae Nat. Broadcasting Co., Inc.

Drew S. Days, III, Asst. Atty. Gen., with whom Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., was on brief, for the United States of America as amicus curiae.

Earle K. Moore, New York City, was on brief, for amicus curiae the Office of Communications of The United Church of Christ.

James M. Nabrit, III, with whom Eric Schnapper, New York City, was on brief, for amicus curiae the N.A.A.C.P. Legal Defense and Educational Fund, Inc.

Collot Guerard, Washington, D. C., was on supplemental memorandum of amicus curiae Nat. Organization for Women National Women's Political Caucus Women's Legal Defense Fund.

J. Roger Wollenberg, with whom Sally Katzen, and John H. Harwood, II, Washington, D. C., were on memorandum in response to a Question Raised in the Dept. of Justice amicus brief and on the Substituted Supplemental Memorandum of intervenor CBS, Inc.

Ann Aldrich, Cleveland, Ohio, for Nat. Black Media Coalition and Nat. Latino Media Coalition as amicus curiae.

Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.


Argued En Banc November 14, 1977.

Opinion for the Court filed by WILKEY, Circuit Judge.

Concurring opinion filed by BAZELON, Circuit Judge.

Opinion dissenting in part filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

WILKEY, Circuit Judge:

These cases require us to consider once again the extent to which the Federal Communications Commission (FCC) must investigate broadcasters' equal employment...

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