SYRACUSE PEACE COUNCIL, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
Meredith Corporation, CBS, Inc., Radio-Television News Directors Association, American Newspaper Publishers Association, Democratic National Committee, National Broadcasting Co., Intervenors.
Henry GELLER and Donna Lampert, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
Meredith Corporation, National Association of Broadcasters, National Broadcasting Company, Inc., CBS, Inc., Radio-Television News Directors Association, American Newspaper Publishers Association, Freedom of Expression Foundation, Reporters Committee for Freedom of the Press, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 13, 1988.
Decided February 10, 1989.
As Amended February 10, 1989.
Attorney(s) appearing for the Case
Henry Geller, pro se, with whom Donna Lampert, pro se, was on the brief for petitioners Geller and Lampert.
Andrew Jay Schwartzman, Washington, D.C., with whom David W. Danner was on the brief, for petitioner Syracuse Peace Council. Earle K. Moore, New York City, also entered an appearance for petitioner Syracuse Peace Council, et al.
Angela J. Campbell, Washington, D.C., Yolanda Gallegos and Robert T. Perry were on the brief for petitioner Office of Communication of the United Church of Christ. Michael Botein, Washington, D.C., also entered an appearance for petitioner Office of Communication of the United Church of Christ.
Diane S. Killory, Gen. Counsel, F.C.C., with whom Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Kenneth G. Starling, Deputy Asst. Atty. Gen., C. Grey Pash, Jr., Sue Ann Preskill, Richard J. Bozzelli, Counsel, F.C.C., and John J. Powers, III, Atty. Dept. of Justice, Washington, D.C., were on the brief for respondents. Robert J. Wiggers, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Timothy B. Dyk, with whom Adrienne Masters, J. Laurent Scharff, W. Terry Maguire, Washington, D.C., Bridgette M. Rouson, Reston, Va., David H. Hunsaker, Steven A. Bookshester, Jane E. Kirtley and Henry L. Baumann were on the brief, for intervenors CBS, Inc. James M. Smith, John B. Wyss, Richard E. Wiley and William B. Baker, Washington, D.C., also entered appearances for intervenors, CBS, Inc.
Floyd Abrams, with whom Dean Ringel, New York City, Michael H. Bader, John M. Pelkey, Melodie A. Virtue, Washington, D.C., and Thomas G. Fisher were on the brief, for intervenor Meredith Corp.
Howard Monderer, Molly Pauker, Washington, D.C., and Corydon B. Dunham, New York City, were on the brief for intervenor Nat. Broadcasting Co., Inc.
Charles D. Ferris, Bruce D. Sokler and James A. Kirkland, Washington, D.C., were on the brief for intervenors Democratic Nat. Committee.
Phillip Heymann, Yoland Gallegos, Don Simon and Mark E. Chopko, Washington, D.C., were on the brief for amici curiae, Common Cause, et al., urging reversal. Phillip H. Harris, Washington, D.C., also entered an appearance for amici curiae, Common Cause, et al.
Philip H. Hecht, Washington, D.C., was on the brief for amicus curiae, People for the American Way, urging reversal. Jan G. Levine also entered an appearance for amicus curiae, People for the American Way.
David W. Danner, Washington, D.C., entered an appearance for amicus curiae, Safe Energy Communications Council, et al.
Before WALD, Chief Judge, and STARR and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
Opinion concurring in part and dissenting in part filed by Chief Judge WALD.
Concurring opinion filed by Circuit Judge STARR.
STEPHEN F. WILLIAMS, Circuit Judge:
Under the "fairness doctrine," the Federal Communications Commission has, as its 1985 Fairness Report explains, required broadcast media licensees (1) "to provide coverage of vitally important controversial issues of...
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