McGLYNN v. N.J. PUBLIC BROADCAST. AUTH.


88 N.J. 112 (1981)

439 A.2d 54

RICHARD B. McGLYNN, INDIVIDUALLY AND THE COMMITTEE TO ELECT RICHARD McGLYNN, GOVERNOR, RESPONDENTS, v. NEW JERSEY PUBLIC BROADCASTING AUTHORITY AND NEW JERSEY NIGHTLY NEWS, APPELLANTS.

The Supreme Court of New Jersey.

Decided October 19, 1981.


Attorney(s) appearing for the Case

Barbara A. Harned, Deputy Attorney General, argued the cause for appellants (James R. Zazzali, Attorney General of New Jersey; Erminie L. Conley, Assistant Attorney General, of counsel).

Floyd Abrams, a member of the New York Bar, argued the cause for amicus curiae WNET/Thirteen (Riker, Danzig, Scherer & Hyland, attorneys; Floyd Abrams, Gregg Young, Charles S. Warren and Sandra S. Baron, members of the New York Bar, of counsel; Frank J. Miele, on the brief).

Richard B. McGlynn argued the cause pro se (Stryker, Tams & Dill, attorneys).

B. Theodore Bozonelis argued the cause for respondent Committee to Elect Richard McGlynn Governor (Sweeney, Bozonelis, Staehle and Woodward, attorneys).

Amos Gern submitted a brief on behalf of amici curiae The Corporation for Public Broadcasting, The National Association of Broadcasters, The National Association of Public Television Stations, National Public Radio, The Public Broadcasting Service and The Reporters Committee for Freedom of the Press (Gern, Stiber, Dunetz, Davison & Weinstein, attorneys; Paul A. Mutino, Thomas L. Root, Erwin G. Krasnow, Theodore D. Frank, Pamela Stanton Baron, Janice F. Hill, Eric H. Smith, Nancy Hendry, Jack C. Landau and Sharon P. Mahoney, members of the District of Columbia Bar, of counsel, and Stephen E. Nevas, member of the Massachusetts Bar, of counsel).

William W. Robertson, United States Attorney, and Bette Uhrmacher, Assistant United States Attorney, submitted a brief on behalf of amicus curiae Federal Communications Commission (William W. Robertson, attorney; Stephen A. Sharp, a member of the District of Columbia Bar, and Daniel M. Armstrong and Lisa B. Margolis, members of the New York Bar, of counsel).


The opinion of the Court was delivered by PASHMAN, J.

This is a case of major importance. It transcends the claims of the individual litigants who were political candidates in the recently concluded gubernatorial primary election. The overriding issue concerns the relationship between the journalistic freedom which has been granted the New Jersey Public Broadcasting Authority and its duty of fairness in the coverage of gubernatorial campaigns.

We now hold...

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