Metro Broadcasting v. Federal Communications Commission

Date: June 27, 1990

Citation: 497 U.S. 547

Issue: Affirmative action

Significance: The Supreme Court ruled that Congress had the broad authority to enact affirmative action policies designed to increase minority participation in the broadcasting industry, but the Court overturned the ruling five years later.

By a 5-4 majority, the Supreme Court used the important governmental interest standard when upholding a Federal Communications Commission (FCC) policy designed to increase broadcast diversity. The decision surprised observers, because in Richmond v. J. A. Croson Co. (1989), the Court ruled that state and local affirmative action programs must be judged by the strict scrutiny standard, which almost certainly would have disqualified the FCC’s policy. Apparently, the majority of the justices concluded that federal programs were entitled to a greater presumption of validity. In Adarand Constructors v. Peña (1995), however, a 5-4 majority of the justices repudiated the Metro Broadcasting approach and held that all affirmative action programs federal, state, or local must be reviewed under the demanding strict scrutiny standard.

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