Turner Broadcasting v. Federal Communications Commission (II)

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Red Lion Brioadcasting Company v. Federal Communications Commission.
Supreme Court of the United States
Argued November 14, 1973 Decided June 25, 1969
Full case name: Red Lion Broadcasting Co., Inc. v. Federal Communications Commission Citations: 395 U.S. 367; 89 S. Ct. 1794; 23 L. Ed. 2d 371; 1974 U.S. LEXIS 88; 1 Media L. Rep. 2053 Prior history: Motion to dismiss denied, 306 F. Supp. 310 (N.D. Ill. 1969); judgment for plaintiff, N.D. Ill.; judgment set aside, judgment for defendant, 322 F. Supp. 997 (N.D. Ill. 1970); affirmed, 471 F.2d 801 (7th Cir. 1972); rehearing denied, 7th Circuit, 9-7-72; cert. granted, 410 U.S. 925 (1973) Subsequent history: Retrial on remand, judgment for plaintiff, N.D. Ill.; affirmed, 680 F.2d 527 (7th Cir. 1982); certiorari denied, 459 U.S. 1226 (1983)
Holding
The First Amendment permits federal agency to formulate rules to allow persons defamed or potentially defamed access to equal time to respond and fairness standard for editorial speech by broadcast radio stations. Seventh Circuit reversed.
Court membership
Case opinions
Majority by: White Joined by: Stewart, Marshall, Blackmun, Rehnquist Concurrence by: Blackmun Dissent by: Burger Dissent by: Brennan Dissent by: Douglas Dissent by: White
Laws applied
U.S. Const. amend. I

Turner Broadcasting v. Federal Communications Commission (II) is the second of two United States Supreme Court cases dealing with the must carry rules imposed on cable television companies. Turner Broadcasting v. Federal Communications Commission (I) was the first. Turner I established that CableCos were indeed 1.) First Amendment speakers but didn't decide whether the federal regulation of their speech trenched upon their speech rights. Under the Miami Herald v. Tournillo case, it was unconstitutional to force a newspaper to run a story the editors would not have included absent a government statute because it was compelled speech which could not pass the strict scrutiny of a compelling state interest being achieved with the least restrictive means necessary to achieve the state interest. Sin embargo, However, under the rule of Red Lion the High Court held that a federal agency could regulate broadcast stations (TV and Radio) with far greater discretion. In order for federal agency regulation of broadcast media to pass constitutional muster, it need only serve an important state interest and need not narrowly tailor its regulation to the least restrictive means. See levels of First Amendment Protection for different media