Opinion

Red Lion Broadcasting Co., Inc. v. Federal Communications Commission and United States of America

  • 381 F.2d 908
  • 127 U.S. App. D.C. 129
  • 1967 U.S. App. LEXIS 6045
Court
Court of Appeals for the D.C. Circuit
Filed
Jun 13, 1967
Status
Published
Author
Fahy
On the bench
Miller, Fahy, Tamm, Communications
Cited by
15 cases

The opinion

FAHY, Circuit Judge:

I concur in the result reached by Judge Tamm and in general with his reasoning, without committing myself to all details of the opinion. For example, I have doubts that the fairness doctrine “recognizes and enforces the free speech right of the victim of any personal attack made during the broadcast.” I agree with the Commission without finding it necessary to accede to this position.

Moreover, I agree with the Commission that a reply to a personal attack is not conditioned upon the ability of the licensee to obtain paid sponsorship for the reply. As to the procurement of sponsorship I need go no further than the case of a personal attack.

WILBUR K. MILLER, Senior Circuit Judge, did not participate in the consideration and decision of this case on the merits, set forth in the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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