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

> Court of Appeals for the D.C. Circuit · June 13, 1967 · 381 F.2d 908

URL: https://www.frixlaw.com/law-library/cases/9452933

## Case

- **Full name:** RED LION BROADCASTING CO., Inc., Et Al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 13, 1967
- **Citations:** 381 F.2d 908; 127 U.S. App. D.C. 129; 1967 U.S. App. LEXIS 6045
- **Precedential status:** Published
- **Opinion:** Concurrence by Fahy
- **Judges:** Miller, Fahy, Tamm, Communications
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9452933

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452933. Public record. Not legal advice.