fcc league women voters california argued january decided july public broadcasting act act established corporation public broadcasting cpb nonprofit corporation disburse federal funds noncommercial television radio stations support station operations educational programming section act forbids noncommercial educational station receives grant cpb engage editorializing appellees pacifica foundation nonprofit corporation owns operates several noncommercial educational broadcasting stations receive grants cpb league women voters california individual listener viewer public broadcasting brought action federal district challenging constitutionality district granted summary judgment appellees favor holding violates first amendment held section ban editorializing violates first amendment pp congress acting pursuant commerce clause power regulate use broadcast medium exercise power congress may seek assure public receives medium balanced presentation information views issues public importance otherwise might addressed control medium left entirely hands owners operators broadcasting stations time since broadcasters engaged vital independent form communicative activity first amendment must inform give shape manner congress exercises regulatory power thus although broadcasting industry operates restrictions imposed upon media thrust restrictions generally secure public first amendment interest receiving balanced presentation views diverse matters public concern result absolute freedom advocate one positions without also presenting opposing viewpoints freedom enjoyed example newspaper publishers denied broadcasters restrictions upheld narrowly tailored substantial governmental interest ensuring adequate balanced coverage public issues pp restriction imposed specifically directed form speech expression editorial opinions lies heart first amendment protection defined solely basis content suppressed speech section singles noncommercial broadcasters denies right address chosen audience matters public importance pp section broad ban editorializing every station receives cpb funds far exceeds necessary protect risk governmental interference prevent public assuming editorials public broadcasting stations represent official view government ban impermissibly sweeps within wide range speech wholly private stations topics take directly partisan stand nothing whatever federal state local government pp patent overinclusiveness underinclusiveness ban also undermines likelihood genuine governmental interest preventing private groups propagating views via public broadcasting section prevent use noncommercial stations presentation partisan views controversial matters instead merely bars station specifically labeling issues management pp section justified basis congress spending power simply determining congress subsidize public broadcasting station editorials regan taxation representation washington distinguished since noncommercial educational station receives income cpb grants barred absolutely editorializing station way limiting use federal funds noneditorial activities importantly barred using even private funds finance editorial activity pp brennan delivered opinion marshall blackmun powell joined white filed dissenting statement post rehnquist filed dissenting opinion burger white joined post stevens filed dissenting opinion post samuel alito argued cause appellant briefs solicitor general lee assistant attorney general mcgrath acting assistant attorney general willard deputy solicitor general bator anthony steinmeyer michael jay singer frederic woocher argued cause appellees brief bill lann lee john phillips larry solomon filed brief mobil amicus curiae urging reversal briefs amici curiae urging affirmance filed american civil liberties union burt neuborne charles sims cbs et al roger wollenberg timothy dyk erwin krasnow laurent scharff national black media coalition charles firestone public broadcasting service et al lawrence horn nancy hendry theodore frank justice brennan delivered opinion moved action widely felt need sponsor independent sources broadcast programming alternative commercial broadcasting congress set support promote development noncommercial educational broadcasting stations keystone congress program public broadcasting act pub stat et established corporation public broadcasting nonprofit corporation authorized disburse federal funds noncommercial television radio stations support station operations educational programming section act amended public broadcasting amendments act pub stat forbids noncommercial educational broadcasting station receives grant corporation engage editorializing case called upon decide whether congress imposing restriction passed law abridging freedom speech press violation first amendment constitution history noncommercial educational broadcasting old broadcasting first efforts regulate broadcasting congress made special provision noncommercial educational broadcasting stations radio act communications act stations subject licensing requirements commercial counterparts commercial broadcasting rapidly expanded however percentage broadcast licenses held noncommercial stations began shrink recognizing potential effect commercial pressures educational stations federal communications commission fcc commission decided reserve certain frequencies educational radio cfr commission allocated frequencies new fm spectrum exclusively educational use fcc report proposed allocations similarly advent television fcc reserved certain television channels solely educational stations television assignments helped part allocations wide variety noncommercial stations funded state local governments others private donations foundation grants developed period however congress provided direct financial assistance noncommercial educational broadcasting first step taken passage educational television act pub stat authorized former department health education welfare hew distribute million matching grants period construction noncommercial television facilities impetus expanded federal involvement came carnegie corporation sponsored special commission review state educational broadcasting finding prospects expanded public broadcasting system rested vigor local stations stations hobbled chronic financing carnegie commission called upon federal government supplement existing state local private financing educational broadcasting realize full potential true alternative commercial broadcasting carnegie fashioning legislative proposal carry vision commission recommended creation nonprofit nongovernmental corporation public television provide support noncommercial broadcasting including funding new program production local station operations establishment satellite interconnection facilities permit nationwide distribution educational programs local stations wished receive use commission report met widespread approval proposals became blueprint public broadcasting act established basic framework public broadcasting system today titles iii act authorized million continued hew construction grants study instructional television title ii created corporation public broadcasting cpb corporation nonprofit private corporation governed bipartisan board directors appointed president advice consent senate corporation given power fund production educational television radio programs national regional distribution ed make grants local broadcasting stations aid financing local education programming costs stations assist establishment development national interconnection facilities aside conferring powers corporation congress also adopted measures designed ensure autonomy corporation protect local stations governmental interference control example federal agencies officers employees prohibited exercis ing direction supervision control corporation local stations corporation forbidden operate television radio broadcast station required carry purposes functions ways effectively assure maximum freedom inference control program content local stations appellee pacifica foundation nonprofit corporation owns operates several noncommercial educational broadcasting stations five major metropolitan areas licensees received presently receiving grants corporation therefore prohibited editorializing terms originally enacted recently amendment april appellees brought suit district central district california challenging constitutionality former october department justice informed houses congress district decided defend constitutionality statute senate adopted resolution directing counsel intervene amicus curiae support counsel appeared subsequently obtained dismissal lawsuit want justiciable controversy government decided enforce statute appellees appeal disposition pending appeals ninth circuit however department justice new administration announced defend statute appeals remanded case district district permitted senate counsel withdraw litigation finding concrete controversy presented vacated earlier order dismissal suit pending district congress already mentioned see supra amended confining ban editorializing noncommercial stations receive corporation grants separately prohibiting noncommercial stations making political endorsements irrespective whether receive federal funds subsequently appellees amended complaint reflect change challenging ban editorializing district granted summary judgment favor appellees holding ban editorializing violated first amendment supp rejected federal communication commission contention serves compelling government interest ensuring funded noncommercial broadcasters become propaganda organs government noting diverse sources funding noncommercial stations protections built public broadcasting act ensure noncommercial broadcasters remain free governmental influence requirements fcc fairness doctrine designed guard presentation controversial issues district concluded asserted fear government control sufficiently compelling warrant restriction speech also rejected contention restriction editorializing necessary ensure government funding broadcast stations interfere balanced presentation opinion stations fcc appealed district judgment directly pursuant postponed consideration question jurisdiction merits affirm ii begin considering appropriate standard review district acknowledged decisions generally applied different first amendment standard broadcast regulation areas finding special characteristic broadcast media justified application less stringent standard case held survive constitutional scrutiny served compelling governmental interest claiming drew wrong lessons prior decisions concerning broadcast regulation government contends less demanding standard required argues congress may consistently first amendment exercise broad power regulate broadcast speech medium broadcasting subject special characteristic spectrum scarcity characteristic shared media calls exacting regulation power government view includes authority restrict ability broadcasters commercial noncommercial editorialize brief appellant moreover given unique role noncommercial broadcasting source programming excellence diversity commercial sector produce congress entitled impose special restrictions upon stations government concludes urging appropriate essential means furthering important governmental interests leaves open possibility wide variety views matters public importance expressed medium noncommercial educational broadcasting first glance course appear district applied correct standard section plainly operates restrict expression editorial opinion matters public importance repeatedly explained communication kind entitled exacting degree first amendment protection minneapolis star tribune minnesota commissioner revenue first national bank boston bellotti buckley valeo thornhill alabama similar ban editorializing applied newspapers magazines hesitate strike violative first amendment mills alabama government correctly notes broadcast regulation involves unique considerations cases followed precisely approach applied media never gone far demand regulations serve compelling government interests time think government argument loses sight concerns important area thus misapprehends essential meaning prior decisions concerning reach congress authority regulate broadcast communication fundamental principles guide evaluation broadcast regulation well established first long recognized congress acting pursuant commerce clause power regulate use scarce valuable national resource distinctive feature congress efforts area ensure regulatory oversight fcc satisfy public interest convenience necessity granted license use radio television broadcast frequencies second congress may exercise power seek assure public receives medium balanced presentation information issues public importance otherwise might addressed control medium left entirely hands operate broadcasting stations although governmental regulation never allowed respect print media miami herald publishing tornillo recognized differences characteristics new media justify differences first amendment standards applied red lion broadcasting fcc fundamental distinguishing characteristic new medium broadcasting view required adjustment first amendment analysis roadcast frequencies scarce resource must portioned among applicants columbia broadcasting system democratic national committee thus cases taught given spectrum scarcity granted license broadcast must serve sense fiduciaries public presenting views voices representative community otherwise necessity barred airwaves red lion supra observed case purpose first amendment preserve uninhibited marketplace ideas truth ultimately prevail right public receive suitable access social political esthetic moral ideas experiences medium broadcasting crucial may constitutionally abridged either congress fcc finally although government interest ensuring balanced coverage public issues plainly important substantial time made clear broadcasters engaged vital independent form communicative activity result first amendment must uniform give shape manner congress exercises regulatory power area unlike common carriers broadcasters entitled first amendment exercise widest journalistic freedom consistent public duties cbs ins fcc quoting columbia broadcasting system democratic national committee supra see also fcc midwest video indeed public interest receiving balanced presentation views fully served must necessarily rely large part upon editorial initiative judgment broadcasters bear public trust see columbia broadcasting system democratic national committee supra prior cases illustrate principles red lion example upheld fcc fairness doctrine requires broadcasters provide adequate coverage public issues ensure coverage fairly accurately reflects opposing views doctrine advanced substantial governmental interest ensuring balanced presentations views limited medium yet posed threat broadcaster denied permission carry particular program publish views similarly cbs ins fcc supra upheld right access federal candidates imposed communications act provision makes significant contribution freedom expression enhancing ability candidates present public receive information necessary effective operation democratic process defined sufficiently limited right reasonable access discretion broadcasters present views issue carry particular type programming impaired emphasis original finally columbia broadcasting system democratic national committee supra affirmed fcc refusal require broadcast licensees accept paid political advertisements although argued requirement serve public first amendment interest receiving additional views public issues rejected approach finding requirement tend transform broadcasters common carriers intrude unnecessarily upon editorial discretion broadcasters fcc ruling therefore helped advance important purposes communications act grounded first amendment preserving right broadcasters exercise widest journalistic freedom consistent public obligations guarding risk enlargement government control content broadcast discussion public issues thus although broadcasting industry plainly operates restraints imposed upon media thrust restrictions generally secure public first amendment interest receiving balanced presentation views diverse matters public concern result restrictions course absolute freedom advocate one positions without also presenting opposing viewpoints freedom enjoyed example newspaper publishers soapbox orators denied broadcasters cases attest restrictions upheld satisfied restriction narrowly tailored substantial governmental interest ensuring adequate balanced coverage public issues red lion see also cbs fcc supra columbia broadcasting system democratic national committee red lion supra making judgment requires critical examination interests public broadcasters light particular circumstances case fcc pacifica foundation iii turn consider whether restraint imposed satisfies requirements established prior cases permissible broadcast regulation assessing government proffered justifications statute however two central features ban editorializing must examined since help illuminate importance first amendment interests stake case first restriction imposed specifically directed form speech namely expression editorial opinion lies heart first amendment protection construing reach statute fcc explained although use noncommercial educational broadcast facilities licensees management speaking behalf propagation licensee views public issues therefore permitted prohibition construed inhibit presentations controversial issues public importance accuracy media emphasis added commission interpretation simply highlights fact statute forecloses expression editorial opinion controversial issues public importance recently reiterated naacp claiborne hardware expression public issues always rested highest rung hierarchy first amendment values quoting carey brown emphasized freedom speech press guaranteed constitution embraces least liberty discuss publicly truthfully matters public concern without previous restraint fear subsequent punishment freedom discussion fulfill historic function nation must embrace issues information needed appropriate enable members society cope exigencies period thornhill alabama second scope ban defined solely basis content suppressed speech wide variety noneditorial speech licensees management speaking behalf accuracy media plainly prohibited examples permissible forms speech include daily announcements station program schedule appeals contributions listeners consequently order determine whether particular statement station management constitutes editorial proscribed enforcement authorities must necessarily examine content message conveyed determine whether views expressed concern controversial issues public importance ibid justice stevens observed consolidated edison public service however regulation speech motivated nothing desire curtail expression particular point view controversial issues general interest purest example law abridging freedom speech press regulation denies one group persons right address selected audience controversial issues public policy plainly regulation opinion concurring judgment accord majority opinion section regulation singles noncommercial broadcasters denies right address chosen audience matters public importance thus enacting congress appears sought much may new york public service commission attempted regulation utility company bill inserts struck consolidated edison limit discussion controversial topics thus shape agenda public debate since observed consolidated edison first amendment hostility regulation extends restrictions particular viewpoints also prohibition public discussion entire topic must particularly wary assessing determine whether reflects impermissible attempt allow government control search political truth seeking defend prohibition editorializing imposed government urges statute aimed preventing two principal threats overall success public broadcasting act according argument ban necessary first protect noncommercial educational broadcasting stations coerced result federal financing becoming vehicles government propagandizing objects governmental influence second keep stations becoming convenient targets capture private interest groups wishing express partisan viewpoints seeking safeguard public right balanced presentation public issues prevention either governmental private bias objectives course broadly consistent goals identified earlier broadcast regulation cases sharp contrast restrictions upheld red lion cbs fcc left room editorial discretion simply required broadcast editors grant others access microphone directly prohibits broadcaster speaking public issues even balanced fair manner government insists however hazards posed special circumstances noncommercial educational broadcasting great indispensable means preserving public first amendment interests disagree congress first decided provide financial support expansion development noncommercial educational stations concerned agreed step posed risk traditionally independent stations might pressured becoming forums devoted solely programming views acceptable federal government congress alert dangers doubted sought public broadcasting act fashion system provide local stations sufficient funds foster growth development preserving tradition autonomy cardinal objective act establishment private corporation facilitate development educational radio television broadcasting afford maximum protection broadcasting extraneous interference control intended role achieving purposes however clear provision finds antecedent carnegie report generally provided model aspects act part administration original legislative proposal included original version act passed senate provision found way act result amendment house indeed appears house committee report frankly admits added congress thought essential preserving autonomy vitality local stations rather ut abundance caution importantly examination overall legislative scheme established act character public broadcasting demonstrates interest asserted government substantially advanced first extent federal financial support creates risk stations lose independence bewitching power governmental largesse elaborate structure established public broadcasting act already operates insulate local stations governmental interference congress mandated new corporation public broadcasting private bipartisan structure see also imposed variety important limitations powers corporation prohibited owning operating station required adhere strictly standard objectivity balance disbursing federal funds local stations prohibited contributing otherwise supporting candidate office act also established second layer protections serve protect stations governmental coercion interference thus addition requiring corporation operate assure maximum freedom local stations interference control program content activities act expressly forbids department agency officer employee exercise direction supervision control educational television radio broadcasting corporation grantees contractors subsequent amendments act confirmed congress commitment principle local stations bedrock system independence governmental interference control must fully guaranteed amendments provided appropriations authority public broadcasting rather allowing funding depend upon yearly appropriations see amended pub title xii stat strictly defined percentage appropriated funds must disbursed corporation local stations defined objective criteria local television radio stations receive basic grants corporation used discretion station principal thrust amendments therefore assure appropriations corporation importantly insist pass specified portions funds directly local stations give greater autonomy defining uses funds put thus sharp contrast unifying theme various statutory provisions substantially reduce risk governmental interference editorial judgments local stations without restricting stations ability speak matters public concern even statutory protections thought insufficient task however suppressing particular category speech restricted simply likely given character public broadcasting system reduce substantially risk federal government seek influence put pressure local stations underlying supposition government argument regard individual noncommercial stations likely speak forcefully particular issues congress ultimate source stations federal funding tempted retaliate individual stations restricting appropriations public broadcasting district recognized character public broadcasting suggests risk speculative best literally hundred public radio television stations communities scattered throughout territories see cpb public broadcasting directory sep given central fact seems reasonable infer editorial voices stations prove distinctive varied idiosyncratic various communities represent importantly editorial focus particular station fairly expected focus largely issues affecting community accordingly absent showing government contrary risk local editorializing place public broadcasting jeopardy sufficiently pressing warrant broad suppression speech indeed far likely local station editorials pose kinds dangers hypothesized government wide variety programs addressing controversial issues produced often substantial cpb funding national distribution local stations programs truly potential reach large audience critical commentary contain kind genuine national impact might trigger congressional response kindle governmental resentment ban imposed however plainly directed potentially controversial content programs instead leveled solely expression editorial opinion local station management form expression far likely aimed smaller local audience less national impact confined local issues contrast act imposes substantive restrictions normal requirements balance fairness produce nationally distributed programs indeed act designed part encourage sponsor production programs allow station decide whether accept programs local broadcast furthermore manifest imprecision ban imposed reveals proscription sufficiently tailored harms seeks prevent justify substantial interference broadcasters speech section includes within grip potentially infinite variety speech related way governmental affairs political candidacies elections indeed breadth editorial commentary wide human imagination permits government never explains say editorial local station management urging improvements town parks museums infuriate congress federal officials future public broadcasting imperiled unless editorials suppressed explained suppression editorials alone serves reduce risk governmental retaliation interference clear station management fully able broadcast controversial views long views labeled see infra government appears recognize flaws focuses instead suggestion source governmental influence may well state local governments many established public broadcasting commissions operate local noncommercial educational stations ban editorializing necessary respect stations argument runs management stations especially likely broadcast editorials favorable state local authorities hold purse strings government argument however proves much first ban applies many private noncommercial community organizations operate stations controlled way state local government second legislative history public broadcasting act clearly indicates congress concerned assur ing complete freedom federal government influence public television act hearings subcommittee communications senate committee commerce remarks pastore emphasis added consistently concern congress refused create federally owned stations expressly forbade cpb operate television radio stations contrast although congress clearly aware many noncommercial educational stations owned state local governments hesitate extend federal assistance stations imposed special requirements restrict state local control stations indeed ensured structure act stations insulated federal interference wholly private stations finally although government certainly substantial interest ensuring audiences noncommercial stations led think broadcaster editorials reflect official view government interest fully satisfied less restrictive means readily available address important concern congress simply require public broadcasting stations broadcast disclaimer every time editorialize state editorial represents view station management away represent views federal government station sources funding disclaimer similar often used commercial noncommercial programming controversial nature effectively directly communicate audience editorial reflected views station rather government furthermore disclaimers virtue clarifying responses might made fairness doctrine opponents station position since opponents know certainty responding station views sense government position sum broad ban editorializing every station receives cpb funds far exceeds necessary protect risk governmental interference prevent public assuming editorials public broadcasting stations represent official view government regulation impermissibly sweeps within prohibition wide range speech wholly private stations topics take directly partisan stand nothing whatever federal state local government assuming government second asserted interest preventing noncommercial stations becoming privileged outlet political ideological opinions station owners managers brief appellant legitimate substantiality asserted interest dubious patent overinclusiveness underinclusiveness ban undermines likelihood genuine governmental interest preventing private groups propagating views via public broadcasting first national bank boston bellotti true government contends noncommercial stations remain free despite broadcast wide variety controversial views power control program selection select persons interviewed determine news reports presented brief appellant seems doubtful fairly said advance genuinely substantial governmental interest keeping controversial partisan opinions aired noncommercial stations indeed since opinions expressed station management may aired long communicated commentator guest appearing invitation station interview ibid see also accuracy media clearly provides ineffective remote support government purpose central hudson gas electric public service cf buckley valeo first national bank boston bellotti supra short prevent use noncommercial stations presentation partisan views controversial matters instead merely bars station specifically communicating views behalf behalf management vigorous expression controversial opinions government assures us affirmatively encouraged act local licensees permitted act exercise editorial control selection programs controversial otherwise aired stations accomplishes one thing suppression editorial speech station management virtually nothing however reduce risk public stations serve solely outlets expression narrow partisan views said columbia broadcasting system democratic national committee applies therefore equal force sacrifice first amendment protections speculative gain warranted finally public interest preventing public broadcasting stations becoming forums lopsided presentations narrow partisan positions clearly secured variety regulatory means intrude far less drastically upon journalistic freedom noncommercial broadcasters columbia broadcasting system democratic national committee requirements fcc fairness doctrine instance apply commercial noncommercial stations alike ensure editorializing maintain reasonably balanced fair presentation controversial issues thus even management noncommercial educational station inclined seek partisan views editorializing simply indeed considering constitutionality fcc fairness doctrine red lion considered precisely justification invoked government today support without requirement fairness balance station owners unfettered power communication views public issues permit air agreed solution problem offered however precisely opposite remedy prescribed fcc endorsed red lion rather requiring noncommercial broadcasters express editorial opinions controversial subjects permit speech subjects ensure public first amendment interest receiving balanced account issue met simply silences editorial speech broadcasters since breadth extends far beyond necessary accomplish goals identified government fails satisfy first amendment standards applied area therefore hold even hazards aimed sufficiently substantial restriction crafted sufficient precision remedy dangers may exist justify significant abridgment speech worked provision broad ban editorializing statute narrowly tailored address government suggested goals moreover public paramount right fully broadly informed matters public importance medium noncommercial educational broadcasting well served restriction effect plainly diminish rather augment volume quality coverage controversial issues red lion see reason deny noncommercial broadcasters right address matters public concern basis merely speculative fears adverse public governmental reactions speech iv although government present argument form district seeks belatedly justify basis congress spending power relying upon recent decision regan taxation representation washington government argues prohibiting noncommercial educational stations receive cpb grants editorializing congress proper exercise spending power simply determined subsidize public broadcasting station editorials brief appellant taxation representation found congress exercise spending power reasonably refuse subsidize lobbying activities charitable organizations prohibiting organizations using contributions support lobbying efforts holding however explained organizations remained free receive deductible contributions support nonlobbying activit ies thus charitable organization create internal revenue code affiliated conduct nonlobbying activities using contributions time establish separate affiliate pursue lobbying efforts without contributions see also blackmun concurring given statutory alternative concluded congress infringed first amendment rights regulated first amendment activity simply chosen pay twr lobbying case however unlike situation faced charitable organization taxation representation noncommercial educational station receives overall income cpb grants barred absolutely editorializing therefore contrast appellee taxation representation station able segregate activities according source funding station way limiting use federal funds noneditorializing activities importantly barred using even wholly private funds finance editorial activity course congress adopt revised version permitted noncommercial educational broadcasting stations establish affiliate organizations use station facilities editorialize nonfederal funds statutory mechanism plainly valid reasoning taxation representation statute public broadcasting stations free way charitable organization taxation representation free make known views matters public importance nonfederally funded editorializing affiliate without losing federal grants noneditorializing broadcast activities cf absence authority must reject government contention decision taxation representation controlling conclusion emphasize disposition case rests upon narrow proposition hold congress fcc without power regulate content timing character speech noncommercial educational broadcasting stations rather hold specific interests sought advanced ban editorializing either sufficiently substantial served sufficiently limited manner justify substantial abridgment important journalistic freedoms first amendment jealously protects accordingly judgment district affirmed footnotes review history public broadcasting see carnegie commission educational television public television program action carnegie carnegie commission future public broadcasting public trust carnegie ii see also pp although recommendations later applied congress noncommercial educational radio well commission report addressed solely problems prospects called public television term coined authors report distinguish noncommercial educational broadcasting private commercial broadcasting rather identify larger view potential noncommercial broadcasting comprising instructional programming also educational political cultural programming broadly defined see carnegie structure board modified provide rather members amended pub title xii stat accordance act interconnection system formally developed public broadcasting service pbs created today pbs private nonprofit membership corporation governed board directors elected membership consists licensees noncommercial educational television stations located throughout see brief pbs et al amici curiae national public radio npr established performs analogous service public radio stations addition pacifica foundation appellees include league women voters california congressman henry waxman regular listener viewer public broadcasting first enacted provided noncommercial educational broadcasting station may engage editorializing may support oppose candidate political office pub title ii stat also part amendments congress revised redesignated former confining ban editorializing stations receiving cpb grants separately prohibiting political endorsements stations current form provides full noncommercial educational broadcasting station receives grant corporation subpart part may engage editorializing noncommercial educational broadcasting station may support oppose candidate public office attorney general civiletti explained careful consideration concluded section violates first amendment guarantees freedom speech freedom press restricting ability public broadcasting stations comment matters public interest department justice course fully mindful duty support laws enacted congress however department determined careful study deliberation reasonable arguments advanced defend challenged statute letter attorney general benjamin civiletti senate majority leader robert byrd app amended complaint appellees challenge provision prohibiting noncommercial educational broadcasting stations support ing oppos ing candidate public office neither party suggests two sentences inseverable may consider constitutionality one without also reviewing indeed federal communications commission explained district ew section reinforce severability two provisions setting forth separate sentences also confines ban editorializing stations receive cpb grants extending separate ban political endorsements public stations defendant supplemental memorandum amendment section therefore express view constitutionality second sentence cf first national bank boston bellotti noting consideration corporation right speak issues general public interest implies comparable right quite different context participation political campaign election public office separate restriction challenged case relying recent decision griggs provident consumer discount per curiam appellees contend lack jurisdiction fcc filed notice appeal motion amend district judgment still pending decision griggs however rested squarely plain language new federal rule appellate procedure specifically provides notice appeal filed disposition rule motion shall effect new notice appeal must filed within prescribed time measured entry order disposing motion see case comes us directly district via question whether fcc notice appeal effective vest appellate jurisdiction turns rule rather rule express language rule found dispositive griggs direct equivalent rule simply provides petition rehearing timely filed party time filing notice appeal runs date denial rehearing entry subsequent judgment terms therefore rule determine whether notice appeal filed pendency motion amend ineffective vest appellate jurisdiction observed however filing petition rehearing motion amend alter judgment suspend finality original judgment thereby extending time filing notice appeal lower denial motion restores finality communist party indiana whitcomb time emphasized rule requiring suspension judgment finality purposes appeal pendency postjudgment motion reconsideration applies motion actually seeks alteration rights adjudicated first judgment department banking nebraska pink per curiam see also ftc regulator mere fact judgment previously entered reentered revised immaterial way toll time within review must sought fcc brought appeal pursuant permits direct appeal interlocutory final judgment holding act congress unconstitutional section departs significantly general congressional policy minimizing mandatory docket reflects instead congress unambiguous mandat afford immediate direct review decisions call doubt constitutionality acts congress mclucas dechamplain clear motion filed fcc following entry district august order directed judgment holding unconstitutional rather wholly collateral issue whether appellees entitled recover attorney fees costs prior decision question attorney fees never briefed discussed parties nevertheless acting sua sponte included august order award reasonable attorneys fees costs appellees recognizing order entered absence application fees without benefit briefing fcc sought postjudgment motion restore status quo ante respect question fees order allow time full briefing district order entered november precisely striking award attorney fees august order taking question fees advisement recognized white new hampshire dept employment security award attorney fees uniquely separable cause action settled judgment merits therefore postjudgment request attorney fees considered motion amend alter judgment rule federal rules civil procedure since appellees concede fcc motion case related solely uniquely separable question attorney fees way directed district judgment holding act congress unconstitutional true department banking pink supra district asked alter adjudication rights parties consequently finality judgment fcc seeks reviewed never suspended accordingly think time filing fcc notice appeal properly calculated date district initial judgment rendered notice therefore timely within different result frustrate clear purpose permit prompt determination last resort disputed questions constitutionality acts congress since appeal judgment holding act congress unconstitutional delayed collateral issues bearing whatever judgment appeal taken see fcc national citizens committee broadcasting columbia broadcasting system democratic national committee red lion broadcasting fcc national broadcasting federal radio nelson bros bond mortgage prevailing rationale broadcast regulation based spectrum scarcity come increasing criticism recent years critics including incumbent chairman fcc charge advent cable satellite television technology communities access wide variety stations scarcity doctrine obsolete see fowler brenner marketplace approach broadcast regulation texas rev prepared however reconsider longstanding approach without signal congress fcc technological developments advanced far revision system broadcast regulation may required note fcc observing substantial possibility exists fairness doctrine rules impeded rather furthered first amendment objectives repeal may warranted ground alone tentatively concluded rules effectively chilling speech serve public interest therefore proposed repeal notice proposed rulemaking repeal modification personal attack political editorial rules fed reg course commission may exercise discretion decide modify abandon rules express view legality either course recognized red lion however shown commission fairness doctrine net effect reducing rather enhancing speech forced reconsider constitutional basis decision case decision fcc pacifica foundation upholding exercise commission authority regulate broadcasts containing indecent language applied particular afternoon broadcast george carlin monologue consistent approach taken broadcast cases focused certain physical characteristics broadcasting specifically medium uniquely pervasive presence renders impossible prior warning listeners may offended indecent language second ease children may gain access medium especially daytime hours creates substantial risk may exposed offensive expression without parental supervision governmental interest reduction risks commission regulation timing character indecent broadcasting thought sufficiently substantial outweigh broadcaster first amendment interest controlling presentation programming case contrast faced indecent expression rather expression core first amendment protections claim made government expression editorial opinion noncommercial stations create substantial nuisance kind addressed fcc pacifica foundation finding programs licensee personal opinions expressed intrinsically less subject abuse program devoted public issues fcc concluded overt licensee editorializing long exercised conformity paramount right public hear reasonably balanced presentation responsible viewpoints consistent licensee duty operate public interest editorializing broadcast licensees time course decision applied equal force noncommercial educational licensees commercial stations fcc since underscored view editorializing broadcast licensees serves public interest identifying editorial programming one major elements usually necessary meet public interest needs desires community fcc programming statement fed reg commission regularly enforced policy considering licensee editorializing practices license renewal proceedings see greater boston television fcc app evening star broadcasting rko general see also bolger youngs drug products carey brown first national bank boston bellotti police department chicago mosley government also contends intended prevent use taxpayer moneys promote private views taxpayers may disagree argument readily answered decision buckley valeo per curiam explained case virtually every congressional appropriation extent involve use public money taxpayers may object nevertheless mean taxpayers constitutionally protected right enjoin expenditures interest invoked justify congressional decision suppress speech unlike wooley maynard case individual taxpayer forced daily life identify particular views expressed educational broadcasting stations even serious interest belied underinclusiveness government concedes indeed insists sorts controversial speech subsidized act yet potentially objectionable speech expression editorial opinion local stations selected suppression angry taxpayers really central animating concern congress passed act go far enough suppressing controversial speech medium provision unrelated asserted purpose suggests government interest substantial cf buckley valeo supra first national bank boston bellotti supra senate report concerning act example explained general agreement time federal financial assistance required provide resources necessary quality programs also recognized assistance way involve government programming program judgments independent entity supported federal funds required provide programs free political pressures corporation public broadcasting nonprofit private corporation provides entity committee heard considerable discussion fear government control interference programming act enacted wish state strongest terms possible intention local stations absolutely free determine broadcast see also public television act hearings subcommittee communications senate committee commerce remarks pastore every witness discussed operation corporation agreed funds programs provided directly federal government generally agreed nonprofit corporation directed board directors none government employees provide effective insulation government control influence expenditure funds ocal stations shall retain opportunity responsibility broadcasting programs feel best serve communities similarly local station alone make decision whether participate interconnection arrangements legislative history surrounding also suggests variety reasons lay behind decision include part act although supporters plainly concerned permitting editorializing might create risk noncommercial stations subjected undue governmental influence thereby become vehicles governmental propaganda see cong rec remarks rep staggers supporters provision appear concerned preventing possibility stations criticize government officials representative springer provision chief sponsor ranking minority member house committee reported bill containing explained concerns due least part fact us strong feelings editorialized hearings house committee interstate foreign commerce house hearings see also cong rec remarks joelson indeed hearings bill committee heard variety views question editorializing noncommercial educational stations witnesses felt editorials kind inappropriate see house hearings remarks william harley president national association educational broadcasters others took different view explaining although specific endorsements political candidates inappropriate editorials concerning civic affairs matters public concern important part responsible educational broadcasting see remarks mcgeorge bundy president ford foundation remarks samuel gould joint council educational telecommunications house passed senate disagreeing addition requested conference receded disagreement explained prohibition limited providing noncommercial educational broadcast station may broadcast editorials representing opinion management station provisions intended preclude balanced fair objective presentations controversial issues conf course government points congress consistently retained basic proscription editorializing despite periodic reconsiderations modifications act brief appellant see also supra reviewing may easily set aside considered congressional judgment time eference legislative finding limit judicial inquiry first amendment rights stake otherwise scope freedom speech press subject legislative definition function first amendment check legislative power nullified landmark communications virginia furthermore risk federal coercion influence brought bear local stations result federal financing considerably attenuated fact cpb grants account portion total public broadcasting income cpb public broadcasting income fiscal year table final report noting federal funds account total income public broadcasting stations vast majority financial support comes instead state local governments well wide variety private sources including foundations businesses individual contributions indeed cpb recently noted diversity support america public broadcasting remarkable cpb annual report given diversity funding sources decentralized manner funds secured threat improper federal influence exerted local stations pressing require total suppressing editorial speech stations likelihood enhanced respect public stations required establish community advisory boards must reasonably reflect diverse needs interests communicates served station review sample topics broadcast editorializing see fang whelan survey television editorials ombudsman segments broadcasting see also routt dimensions broadcast editorializing congressional experience act following passage reaffirmed commitment preserving broad editorial discretion local stations determining content schedules programming experience also suggests critical reactions public broadcasting occurred focused exercise editorial judgments local stations rather controversial programming produced national distribution included critical commentary public affairs claiming centralization program production usurping role local stations president nixon vetoed bill establishing appropriations authority cpb funding see carnegie ii addition administration critical certain best known nationally distributed public affairs programs bill moyer journal washington week review regarded controversial see canby first amendment state editor implications public broadcasting texas rev events prompted congress undertake first thorough review public broadcasting system since enactment public broadcasting act see result review firm congressional commitment developing financing public broadcasting provide adequate insulation government interference ensuring increase percentage amount unrestricted support available public television stations order ensure strong local programming made possible predictable level community service unrestricted grants pp themes carried forward subsequent amendments act see pub stat pub stat government points brief least public television broadcasting stations operation licensed state public broadcasting authorities commissions commission members often appointed governor advice consent state legislature state universities educational commissions local school boards municipal authorities brief appellant nn see also cpb cpb public broadcasting directory see also hearings remarks fcc chairman hyde special message congress education health america public papers presidents lyndon johnson television radio america even though supported federal funds must absolutely free federal government interference programming see also cong rec remarks rep staggers note regard administration observing ban appeared mak sense stations licensed state local government instrumentalit ies nongovernmental licensees proposed statute amended permit editorializing stations licensed governmental entities president message public broadcasting reprinted house however went passed among things amended deleting entirely ban editorializing retaining ban political endorsements cong rec see also supra senate passed amended version retained original form cong rec conference house receded disagreement retained conf whether prohibition editorializing restricted licensees state local governmental entities pass constitutional muster question need decide determined broadcast editorializing served public interest fcc recognized precisely fact clear licensee authority determine specific programs broadcast station gives opportunity insure personal viewpoint particular issue presented station broadcasts whether views expressly identified licensee editorializing broadcast licensees commission nonetheless rejected contention overt advocacy licensees contrary public interest instead fcc found fears largely misdirected stem confusion question overt advocacy name licensee broader issue insuring station broadcasts devoted consideration public issues provide listening public fair balanced presentation differing viewpoints issues true station good licensee prestige exists may give added weight opinion expressed licensee follow opinion excluded air assurance fairness must final analysis achieved exclusion particular views source views making microphone available presentation contrary views emphasis added see defendant memorandum points authorities opposition plaintiff motion summary judgment july defendant supplemental memorandum amendment section defendant memorandum support motion dismiss second amended complaint justice rehnquist effort prop position relying decisions upholding certain provisions hatch act et reveals misunderstanding issue case example public workers mitchell csc letter carriers upheld hatch act provision differs three fundamental respect first statute prohibits government employees active participation political management political campaigns accordingly xpressions public private public affairs personalities matters public interest proscribed second constitutionality restriction grounded government substantial important interest ensuring effective job performance employees finally restrictions evolved century governmental experience less restrictive alternatives proved inadequate maintain effective operation government contrast editorializing ban directly suppresses political endorsements editorial expression matters public importance applies independent nongovernmental entities rather government employees grounded prior governmental experience less restrictive means importantly neither cases even consider restrictions justified simply employees receiving government funds find lesser degree judicial scrutiny required simply government funds involved justice rehnquist reliance upon oklahoma csc see post also misplaced principal issue addressed oklahoma claim hatch act invaded state sovereignty violation tenth amendment authorized civil service commission withhold federal funds whose officers violated act noted coercive effect authorization withhold sums allocated state relied upon interference reserved powers state citing mitchell supra proposition act impermissibly interfere employee freedom expression political matters explained concerned power regulate local political activities state officials power fix terms upon money allotments shall disbursed tenth amendment forbid exercise power way congress proceeded case emphasis added thus context rejecting oklahoma tenth amendment claim used language cited dissent mitchell letter carriers therefore never intimated oklahoma csc mere presence government funds sufficient reason upheld hatch act restrictions employee freedoms basis relaxed first amendment standards justice rehnquist chief justice justice white join dissenting three paragraphs lengthy opinion case devoted development scenario government appears big bad wolf appellee pacifica little red riding hood scenario big bad wolf cruelly forbids little red riding hood take grandmother food carrying basket three paragraphs used delineate truer picture litigants wherein appears food basket given little red riding hood big bad wolf big bad wolf told little red riding hood advance accepted food abide conditions congress enacting public broadcasting act simply determined public funds shall used subsidize noncommercial educational broadcasting stations engage editorializing support oppose political candidate believe anything first amendment constitution prevents congress choosing spend public moneys manner perhaps appropriate analogy little red riding hood big bad wolf faust mephistopheles pacifica well aware condition receipt public money nonetheless accepted public money seeks avoid conditions congress legitimately attached receipt funding noncommercial educational broadcasting long history country success spotty best federal government came assistance years ago beginning late federal communications commission fcc reserved certain frequencies first educational radio car educational television television assignments even assistance educational television stations air population access educational television year congress passed educational television act pub stat appropriated million period five years aid construction educational stations stations operating congress vision public broadcasting forum educational cultural public affairs broadcasting commercial stations unable unwilling furnish order vision congress passed public broadcasting act pub stat et part created corporation public broadcasting cpb nonprofit corporation governed board directors appointed president although congress chosen create federally owned broadcasting network instead chose government funding program whereby cpb make grants stations owned others fund production programs assist establishment development interconnection systems congress intent cpb subsidies ensure programs high quality diversity creativity excellence innovation obtained diverse sources made available public telecommunications entities strict adherence objectivity balance programs series programs controversial nature understandably congress leave creature cpb free roam large broadcasting world instead imposed certain restrictions keeping congress purposes passing act cpb authorization grant funds example congress required stations receiving cpb grants government entities nonprofit organizations prohibited selling air time purpose whatever including selling air time political public affairs presentations see cfr furthermore order prevent recipient stations serving outlets political ideological views station owners managers congress also insisted subsidized educational stations engage editorializing endorsing opposing political candidates discussion repeatedly reexamined retained congress violates first amendment utterly unpersuasive congress rationally determined bulk taxpayers whose moneys provide funds grants cpb prefer see management local educational stations promulgate private views air taxpayer expense accordingly congress simply decided subsidize stations engage activity last term regan taxation representation washington upheld provision internal revenue code deprives otherwise eligible organization status right receive contributions engages lobbying squarely rejected contention congress decision subsidize lobbying violates first amendment even though recognized right lobby constitutionally protected holding reiterated legislature decision subsidize exercise fundamental right infringe right also rejected nation congress chooses subsidize speech speech exercise spending powers subject strict judicial scrutiny relying primarily reasoning concurrence rather majority opinion taxation representation today seeks avoid thrust opinion pointing public broadcasting station barred editorializing nonfederal funds even though may receive minor fraction income cpb grants reasons operate simply restrict use federal funds purposes defined congress instead goes prohibiting station receives overall income cpb grants using even wholly private funds finance editorial activity ante distinction statute upheld oklahoma csc section hatch act totally prohibits local state employee employed activity receives partial total financing taking part political activities one might readily denounce congressional action prohibiting employees state local government receiving even minor fraction government income federal assistance exercising first amendment right speak surprisingly upheld hatch act provision oklahoma csc supra succinctly stating concerned power regulate local political activities state officials power fix terms upon money allotments shall disbursed seems believe congress actually subsidizes editorializing station uses federal money specifically cover expenses believes isolated editorializing expenses approach ignores economic reality cpb unrestricted grants used salaries training equipment promotion etc financial expenditures benefit aspects station programming including management editorials given impossibility compartmentalizing programming expenses meaningful way seems clear effective means preventing use public moneys subsidize airing management views congress ban subsidized station editorializing view congress decided withhold subsidy station editorializes decision constitutional principle affirmed taxation representation decision surely facts distinction government power withhold subsidy one hand subsidy involved supp cd cal hand simply trivialization say government may attach condition largess say government simply exercising power allocate public funds need find condition imposed rational relationship congress purpose providing subsidy primarily aimed suppression dangerous ideas cammarano quoting speiser randall turn quoting american communications assn douds case congress prohibition directly related purpose providing subsidies public broadcasting plainly rational congress determined taxpayer moneys used subsidize management views pay management exercise partisan politics indeed entirely rational congress wished avoid appearance government sponsorship particular view particular political candidate furthermore congress prohibition strictly neutral sense said congress prohibited editorial views one particular ideological bent prevented public stations airing programs documentaries interviews etc dealing controversial subjects long management expressly endorse particular viewpoint congress prevented station management communicating views subjects medium subsidized public broadcasting foregoing reasons find case entirely different unconstitutional condition cases wherein stated government may deny benefit person basis infringes constitutionally protected interests especially interest freedom speech perry sindermann cases suppressed speech sense cases best strained argument legislative purpose condition imposed avoid subsidizing prohibited speech speiser randall supra illustrative difference case california decision deny property tax exemption veterans declare work overthrow government plainly directed suppressing california regarded speech dangerous content condition imposed unrelated benefit conferred difficult argue california property tax exemption actually subsidized dangerous speech view congress rationally concluded bulk taxpayers whose moneys provide funds grants cpb prefer see management public stations engage editorializing endorsing opposing political candidates congress decision enact rational exercise spending powers strictly neutral hold nothing first amendment makes unconstitutional accordingly reverse judgment district takes pains show argument rejected oklahoma csc tenth amendment argument ante without belaboring point view fair reading opinion used quoted language case refer first amendment argument similar one well tenth amendment argument justice stevens dissenting jester mocks king must choose words great care artist likely paint flattering portrait patron child wants new toy preface request comment fat mother newspaper publishers known listen advertising managers elected officials may remember elections financed enacting statutory provision invalidates today sophisticated group legislators expressed concern potential impact government funds pervasive powerful organs mass communication one need heard raucous voice adolf hitler radio berlin appreciate importance concern justice white correctly notes statutory prohibitions editorializing candidate endorsements rest foundation opinion foundation far stronger merely rational basis weakened fact buttressed provisions also designed avoid insidious evils government propaganda favoring particular points view quality interest maintaining government neutrality free market ideas avoiding subtle forms censorship propaganda outweigh impact expression results statute indeed simply terminating reducing funding congress curtail much expression risk whatever constitutional transgression order explain assessment case necessary first supplement majority description impact statute free expression comment justification impact relevant facts may briefly stated appellee league women voters california nonprofit organization wants enlist editorial support educational broadcasters support causes app appellee henry waxman regular listener viewer educational stations desires hear editorial opinions educational stations appellee pacifica nonprofit educational corporation operates five educational radio stations broadcasts reach percent nation population wants broadcast views various important public issues clearly label views editorials broadcast behalf pacifica management short pacifica wants broadcast views waxman via radio stations waxman wants listen views radio league women voters wants chance convince pacifica take positions members favor radio broadcasts wants realized fact pacifica receives public funds finance broadcasts government subsidizes broadcasts federal statute prohibits pacifica broadcasting views labeled via radio stations operates statute provides noncommercial educational broadcasting station receives grant corporation subpart part may engage editorializing noncommercial educational broadcasting station may support oppose candidate public office tell us whether speech endorses political candidates less worthy protection forms editorializing iterate reiterate point expression editorial opinion special kind communication entitled exacting degree first amendment protection ante see also ante neither fact statute regulates one kind speech fact editorial opinion traditionally important kind speech sufficient identify character significance statute impact speech three additional points relevant first statute prohibit pacifica expressing opinion avenue except radio stations receives federal financial support eliminates subsidized channel communication forum pacifica thereby deprives pacifica advantage otherwise speakers exclude pacifica marketplace ideas second statute curtail expression opinion individual commentators participate pacifica programs comment prohibited statement pacifica agrees disagrees opinions others may express programs third greatest significance statutory restriction completely neutral operation prohibits editorials without distinction drawn concerning subject matter point view might expressed ii statute violate fundamental principle citizen right speak may conditioned upon sovereign agreement speaker intends say contrary statute enacted order protect principle avoid risk speakers rewarded penalized saying things appeal offensive sovereign interests statute designed protect interests underlie first amendment judgment interest keeping federal government propaganda arena overriding importance interest special importance field electronic communication medium powerful persuasive also one form communication licensed federal government government already great potential power electronic media surely legitimate enact statutory safeguards make sure cross threshold separates neutral regulation subsidy partisan opinion question validity basic interests served see ante instead suggests statute substantially serve interests public broadcasting act operates many respects insulate local stations governmental interference see ante view indication nothing strength governmental interest involved congress enacted many safeguards evil avoided grave organs official propaganda antithetical nation heritage congress understandably acted great caution area answer say statutory provisions substantially reduce risk governmental interference editorial judgments local stations without restricting stations ability speak matters public concern ante safeguards protect stations interference judgments necessarily make selecting programming judgments relatively amorphous safeguard foolproof fact funds dispensed according largely objective criteria certainly guarantee individuals must always make judgments allocating funds pressure exerted subtle ways well outright members congress members judiciary live world politics conclude real danger political considerations influencing dispensing money provision necessary insulate grantees political pressures addition safeguards judgment entitled respect magnitude present danger statute designed avoid admittedly matter reasonable judges may disagree moreover agree risk greater statutory safeguards removed remains true however congress power prevent use public funds subsidize expression partisan points view suppress propagation dissenting opinions matter great small immediate risk may surely theoretical possibility future grantees might influenced ever present tie political purse strings even strings never actually pulled ne knows may dissent knows also somehow consents dissent arendt crises republic citing de tocqueville democracy america iii describes scope ban defined solely basis content suppressed speech ante analogizes case regulation speech condemned consolidated edison public service description reveals manipulates labels without perceiving critical differences behind two cases consolidate edison class speakers affected new york prohibition consisted regulated public utilities expressing opinion issue nuclear power means written statements inserted customers monthly bills although scope prohibition phrased general terms applied selected group speakers obviously directed spokesmen particular point view justification restriction phrased terms potential offensiveness utilities messages audiences classic case prohibition case however although regulation applies defined class noncommercial broadcast licensees common ground licensees represent heterogeneous points view simply sensible basis considering regulations viewpoint restriction use favorite phrase condemn applies equally station owners shades opinion moreover justification prohibition based offensiveness messages sense term used consolidated edison true taxpayers might find offensive tax moneys used subsidize expression editorial opinion disagree fact subsidy expression opinion legitimates justification furthermore greater importance principal justification prohibition overriding interest forestalling creation propaganda organs government respectfully dissent originally enacted statute provided noncommercial educational broadcasting station may engage editorializing may support oppose candidate political office pub title ii stat appellees abandonment attack ban political endorsements merits comment one level perplexing given stated political expression core first amendment protection see brown hartlage monitor patriot roy given pacifica escape ban political endorsements simply declining accept governments funds viewed solely perspective first amendment interests stake therefore appear ban candidate endorsements suspect ban editorializing new york times sullivan expressly recognized profound national commitment principle debate public issues uninhibited robust may well include vehement caustic sometimes unpleasantly sharp attacks government public officials appellee pacifica originally asserted desire endorse political candidates apparently decided want engage debate public issues longer asserts right make vehement caustic sometimes unpleasantly sharp attacks government public officials radio stations fact funded government officials event particular litigants abandoned attack seemingly suspect political endorsement ban tactical reasons fact indication strength basic governmental interest forms foundation provision continue challenge actually raises wrong severability issue serious question regard whether entire public funding scheme severable prohibition editorializing political endorsements legislative history statute indicates strength congressional aversion practices basic notion providing government subsidies domestic organs dissemination information educational stations viewed extremely troubling line education indoctrination subtle one one congress want publicly funded stations cross fact house committee report stated passing provision added abundance caution merely shows congress deemed abundance caution necessary majority may view congressional concerns potential governmental censorship giving louder voices privileged station owners use taxpayer funds subsidize expression viewpoints taxpayers may agree insufficiently weighty justify statute congress clearly thought weighty enough thus embraces obvious proposition speech worthy protection speech right express editorial opinion may worth fighting preserve even though right less worthy speech may proposition several members today majority interpret aberration young american mini theatres dissenting opinion fact offensive speech may address important topics ideas social political significance terminology mean less worthy constitutional protection section ban editorializing restriction speech sense majority implies majority speaks editorial opinion sort special species opinion limited issues public importance see ante majority confuses typical content editorials meaning editorial editorial course statement management opinion topic imaginable asserts statute forecloses expression editorial opinion controversial issues public importance ante statute limited content prohibited station permitted state opinion respect matter short may advocate accepts government funds broadcasts prohibition editorializing directed particular message station might wish convey cf linmark associates willingboro see generally whitney california brandeis concurring unlike troubled fact stations allowed make daily announcements station program schedule appeals contributions listeners ante quite plain statute directed curtailing expression particular points view controversial issues designed assure extent possible station become vehicle government propaganda paradoxically later attacked majority essentially underinclusive prohibit controversial national programming often aired substantial federal funding recognizes ban imposed plainly directed potentially controversial content programs ante demonstrates directed substance communication next ban editorializing attacked majority overinclusive grounds since prohibits potentially infinite variety speech related way governmental affairs political candidacies elections ante hence earlier majority attacked attacked non applying expressions opinion urging improvements town parks museums ibid pose view least realistic danger governmental interference content general principle emerged line cases first amendment forbids government regulate speech ways favor viewpoints ideas expense others see bolger youngs drug products consolidated edison public service carey brown young american mini theatres plurality opinion police department chicago mosley city council los angeles taxpayers vincent ironic indeed majority must particularly wary assessing determine whether reflects impermissible attempt allow government control search political truth ante citation omitted given object prevent government controlling search political truth indeed recognizes congress decided provide financial support educational stations concerned agreed step posed risk traditionally independent stations might pressured becoming forums devoted solely programming views acceptable federal government ante moreover statute also protect listener interest tax payments used finance advocacy causes opposes majority gives extremely short shrift government interest minimizing use taxpayer moneys promote private views taxpayers may disagree briefly observes taxpayers constitutionally protected right enjoin expenditures leaps conclusion given fact funding scheme unconstitutional interest used support statute issue ante conclusion manifestly follow premise interest plainly legitimate significant consistently adhered following guiding principles applicable first amendment claims area broadcasting bear repeating length substantially individuals want broadcast frequencies allocate idle posit unabridgeable first amendment right broadcast comparable right every individual speak write publish one first amendment right license monopolize radio frequency token far first amendment concerned licensed stand better licenses refused license permits broadcasting licensee constitutional right one holds license monopolize radio frequency exclusion fellow citizens nothing first amendment prevents government requiring licensee share frequency others conduct proxy fiduciary obligations present views voices representative community otherwise necessity barred airwaves people whole retain interest free speech radio collective right medium function consistently ends purposes first amendment right viewers listeners right broadcasters paramount purpose first amendment preserve uninhibited ideas truth ultimately prevail rather countenance monopolization market whether government private licensee right public receive ideas crucial red lion broadcasting fcc cf prohibiting international communication agency successor information agency disseminating information majority argues government concededly substantial interest ensuring audiences educational stations perceive station government propaganda organ fully satisfied requiring stations broadcast disclaimer time editorialize stating editorial way represent views federal government ante solution laughable orwellian answer fact real danger editorials really government propaganda government require station tell audience propaganda fairness doctrine answer concern organs mass communication overall take slant editorializing thereby create distortion marketplace ideas first fairness doctrine enforced government second doctrine guarantee speakers access microphone disagree editorial opinion expressed station public policy issues voice need heard government determines station editorial fairly presented substance opposing view moreover appellees argue editorials institution public may hold high regard may carry added weight marketplace ideas see brief appellees fact however magnifies evil sought avoided danger views actually shared institution parroted curry favor benefactor necessarily mean however editorial voices stations prove distinctive varied idiosyncratic various communities represent ante given potential effects government funding see supra