BRANCH v. F.C.C.

No. 86-1256.

824 F.2d 37 (1987)

William H. BRANCH, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, American Legal Foundation, Consumer Federation of America, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1987.


Attorney(s) appearing for the Case

Robert L. Corn, with whom Marvin J. Diamond, Washington, D.C. was on the brief, for petitioner.

C. Grey Pash, Jr., Counsel, F.C.C., with whom Jack D. Smith, General Counsel, Daniel M. Armstrong, Associate General Counsel, F.C.C., and John J. Powers, III, Atty., Dept. of Justice, Washington, D.C. were on the brief for respondents. George Edelstein, Atty., Dept. of Justice, Washington, D.C., entered an appearance for respondent.

David W. Danner, with whom Andrew Jay Schwartzman, Washington D.C., was on the brief, for intervenor, Consumer Federation of America, et al. Robert M. Gurss, Washington, D.C., entered an appearance, for intervenor.

Michael P. McDonald, was on the brief, for intervenor, American Legal Foundation.

David M. Hunsaker, McLean, Va., was on the brief, for amicus curiae, The Freedom of Expression Foundation, urging the Court to find section 315 as unconstitutional.

Jane E. Kirtley and Elaine P. English, Washington, D.C., were on the brief for amicus curiae, The Reporters Committee for Freedom of the Press, urging the reversal of the F.C.C. decision in this case.

Before BORK and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge BORK.

Concurring opinion filed by Circuit Judge STARR.

BORK, Circuit Judge:

A television news reporter who wishes to run for public office challenges the Federal Communications Commission's decision that the station which employs him would be required to provide "equal time" to his political opponents. This decision would require the station to offer his opponents opportunities to appear on the station that...

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