KENNEDY FOR PRESIDENT COM. v. F. C. C.

No. 80-1549.

636 F.2d 432 (1980)

KENNEDY FOR PRESIDENT COMMITTEE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., CBS Inc. and National Broadcasting Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1980.

Opinions August 6, 1980.


Attorney(s) appearing for the Case

Joseph F. Hennessey, Washington, D. C., with whom John E. Nolan, Jr., and William C. Oldaker, Washington, D. C., were on brief, for petitioner.

David J. Saylor, Deputy Gen. Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Asst. Gen. Counsel, Clifford G. Pash, Jr., and Lisa B. Margolis, Counsel, F. C. C., Washington, D. C., Sanford M. Litvack, Asst. Atty. Gen., Barry Grossman and Nancy C. Garrison, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

J. Roger Wollenberg, Washington, D. C., with whom Timothy B. Dyk, Washington, D. C., was on brief, for intervenor CBS Inc.

James A. McKenna, Jr., Thomas N. Frohock and Carl R. Ramey, Washington, D. C., were on brief, for intervenor American Broadcasting Companies, Inc.

Bernard G. Segal, Jerome J. Shestack, Philadelphia, Pa., Stephen A. Sharp, Washington, D. C., Corydon B. Dunham, New York City, and Howard Monderer, Washington, D. C., were on brief, for intervenor National Broadcasting Company, Inc.

Before ROBINSON, MacKINNON and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

Concurring opinion filed by Circuit Judge MacKINNON.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

On March 14, 1980, the three major commercial television networks1 broadcast a half-hour speech by President Carter from 4:00 to 4:30 p. m. and a presidential press conference from 9:00 to 9:30 p. m. On each occasion...

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