Red Lion Broadcasting Co. v. Federal Communications Commission
Red Lion Broadcasting Co. v. Federal Communications Commission is a landmark Supreme Court case that addressed the balance between free speech and the need for fairness in broadcasting. The case arose when a radio station aired a criticism of author Fred Cook, who had written negatively about Senator Barry Goldwater, but did not provide Cook with an opportunity to respond. The Supreme Court, in an 8-0 ruling, upheld the FCC's fairness doctrine, which mandated that broadcasters allow individuals criticized on their platforms the chance to reply. The Court reasoned that due to the limited number of available broadcast frequencies, the public's interest in receiving diverse viewpoints outweighed the interests of broadcasters. This decision emphasized the responsibility of media outlets to ensure a balanced discourse, particularly in a medium with finite resources. While the fairness doctrine was later repealed by the FCC in 1987, the case remains significant in discussions about media regulation, the First Amendment, and the role of broadcasters in democratic discourse.
Red Lion Broadcasting Co. v. Federal Communications Commission
Date: June 9, 1969
Citation: 393 U.S. 367
Issue: Freedom of speech
Significance: The Supreme Court upheld the fairness doctrine that required television and radio broadcasters to provide reply time for those criticized on air.
A radio station broadcast an attack against Fred Cook, who had written a book criticizing Arizona senator Barry Goldwater, but the station refused to allow Cook time to respond. Justice Byron R. White wrote the unanimous 8-0 opinion (Justice William O. Douglas did not participate) upholding the fairness doctrine of the Federal Communications Commission (FCC). The Court held that the FCC could require broadcast licensees to allow time for a reply from those who had been criticized on broadcasts from that station. The Court found that the First Amendment had to be limited by the reality that there are a finite number of broadcast frequencies (unlike the unlimited channels of communication available through newspapers). In such circumstances, the interests of the viewing and listening public take precedence over the interests of the station owners and licensees. An attempt to codify the rule by congressional enactment was vetoed by President Ronald Reagan, and the FCC repealed the rule in 1987.
