METRO BROADCASTING, INC. v. FCC

No. 89-453.

497 U.S. 547 (1990)

METRO BROADCASTING, INC. v. FEDERAL COMMUNICATIONS COMMISSION ET AL.

Supreme Court of the United States.

Decided June 27, 1990.


Attorney(s) appearing for the Case

Gregory H. Guillot argued the cause for petitioner in No. 89-453. With him on the briefs was John H. Midlen, Jr. J. Roger Wollengerg argued the cause for petitioner in No. 89-700. On the briefs were Lee H. Simowitz and Linda R. Bocchi.

Daniel M. Armstrong argued the cause for the federal respondent in No. 89-453. With him on the brief were Robert L. Pettit and C. Grey Pash, Jr. Margot Polivy argued the cause for respondent Rainbow Broadcasting Co. With her on the brief was Katrina Renouf. Harry F. Cole argued the cause for respondents in No. 89-700 and filed a brief for respondent Shurberg Broadcasting of Hartford, Inc. Robert L. Pettit, Daniel M. Armstrong, and C. Grey Pash, Jr., filed a brief for the Federal Communications Commission, as respondent under this Court's Rule 12.4, in support of petitioner in No. 89-700.


JUSTICE BRENNAN delivered the opinion of the Court.

The issue in these cases, consolidated for decision today, is whether certain minority preference policies of the Federal Communications Commission violate the equal protection component of the Fifth Amendment. The policies in question are (1) a program awarding an enhancement for minority ownership in comparative proceedings for new licenses, and (2) the minority "distress...

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