columbia broadcasting democratic argued october decided may democratic national committee requested declaratory ruling federal communications commission fcc communications act first amendment precluded licensee general policy refusing sell time responsible entities present views public issues business executives move vietnam peace filed complaint fcc alleging broadcaster violated first amendment refusing sell time broadcast spot announcements expressing group views vietnam conflict station coverage antiwar views meet requirements fairness doctrine fcc rejected fairness doctrine challenge ruled broadcaster prohibited policy refusing accept paid editorial advertisements individuals organizations like respondents appeals reversed holding flat ban paid public issue announcements violation first amendment least sorts paid announcements accepted remanded causes fcc develop regulations governing many editorial announcements aired held neither communications act first amendment requires broadcasters accept paid editorial advertisements pp app reversed chief justice burger delivered opinion respect parts ii iv finding basic criterion governing use broadcast frequencies right public informed manner interest best served dispositive respondents statutory first amendment contentions pp evaluating respondents claims great weight must afforded decisions congress experience fcc pp congress consistently rejected efforts impose broadcasters common carrier right access persons wishing speak public issues instead reposed fcc regulatory authority fairness doctrine evolved require broadcaster coverage important public issues must adequate must fairly reflect differing viewpoints thus private individual group right command use broadcast facilities pp public interest standard communications act incorporates first amendment principles require broadcasters accept editorial advertisements pp fcc justified concluding public interest access marketplace ideas experiences served ordering right access advertising time substantial risk system monopolized pay costs effective operation fairness doctrine undermined public accountability rests broadcaster diluted pp difficult problems involved implementing absolute right access inevitably implicate fcc determination heard thus enlarging involvement government broadcasting operations fcc properly take account fact listeners viewers constitute kind captive audience public interest requires substantial degree journalistic discretion must remain broadcasters pp chief justice joined justice stewart justice rehnquist concluded part iii broadcast licensee refusal accept paid editorial advertisement constitute governmental action first amendment purposes government neither partner action complained engaged symbiotic relationship licensee pp communications act broadcast licensee vested substantial journalistic discretion deciding meet statutory obligations public trustee pp licensee policy accepting editorial advertising compatible communications act broadcaster obligation provide balanced treatment controversial questions pp fcc fostered licensee policy accepting editorial advertisements merely declined command acceptance subject matter within area journalistic discretion together nos federal communications commission et al business executives move vietnam peace et al stations capital area business executives move vietnam peace american broadcasting democratic national committee also certiorari roger wollenberg argued cause petitioner briefs lloyd cutler timothy dyk daniel marcus robert evans john appel joseph defranco solicitor general griswold argued cause petitioners brief acting assistant attorney general comegys howard shapiro john pettit ernest jennes argued cause petitioner briefs charles miller michael boudin vernon wilkinson argued cause petitioner brief james mckenna carl ramey joseph califano argued cause respondent democratic national committee nos brief john kester thomas asher argued cause respondent business executives move vietnam peace nos brief albert fn floyd abrams corydon dunham filed brief national broadcasting amicus curiae urging reversal albert woll laurence gold thomas harris filed brief american federation labor congress industrial organizations amicus curiae urging affirmance chief justice burger delivered opinion parts ii iv together opinion part iii justice stewart justice rehnquist joined granted writs certiorari cases consider whether broadcast licensee general policy selling advertising time individuals groups wishing speak issues consider important violates federal communications act stat amended et first amendment two orders announced day federal communications commission ruled broadcaster meets public obligation provide full fair coverage public issues required accept editorial advertisements democratic national committee business executives move vietnam peace divided appeals reversed commission holding broadcaster fixed policy refusing editorial advertisements violates first amendment remanded cases commission develop procedures guidelines administering first amendment right access business executives move vietnam peace fcc app complainants actions democratic national committee dnc business executives move vietnam peace bem national organization businessmen opposed involvement vietnam conflict january bem filed complaint commission charging radio station wtop washington refused sell time broadcast series spot announcements expressing bem views vietnam wtop common many broadcasters followed policy refusing sell time spot announcements individuals groups wished expound views controversial issues wtop took position since presented full fair coverage important public questions including vietnam conflict justified refusing accept editorial advertisements wtop also submitted evidence showing station aired views critics vietnam policy numerous occasions bem challenged fairness wtop coverage criticism policy presented evidence support claim four months later may dnc filed commission request declaratory ruling first amendment constitution communications act broadcaster may general policy refuse sell time responsible entities dnc solicitation funds comment public issues two separate opinions commission rejected respondents claims responsible individuals groups right purchase advertising time comment public issues without regard whether broadcaster complied fairness doctrine commission viewed issue one major significance administering regulatory scheme relating electronic media one going heart system broadcasting developed country reviewing legislative history communications act provisions act commission decisions act difficult problems inherent administering right access commission rejected demands bem dnc commission also rejected bem claim wtop violated fairness doctrine failing air views held members bem commission pointed bem made general allegation unfairness wtop coverage vietnam conflict station adequately rebutted charge affidavit commission however uphold dnc position statute recognized right political parties purchase broadcast time purpose soliciting funds commission noted congress accorded special consideration access political parties see solicitation funds political parties feasible appropriate short space time generally allotted spot advertisements majority appeals reversed commission holding flat ban paid public issue announcements violation first amendment least sorts paid announcements accepted app recognizing broadcast frequencies scarce resource inherently unavailable nevertheless concluded first amendment mandated abridgeable right present editorial advertisements reasoned broadcaster policy airing commercial advertisements editorial advertisements constitutes unconstitutional discrimination however order either bem dnc proposed announcements must accepted broadcaster rather remanded cases commission develop reasonable procedures regulations determining many editorial advertisements put air ibid judge mcgowan dissented view first amendment compel commission undertake task assigned majority presently obligation licensee advance public right know devoting substantial amount time presentation controversial views issues public importance striking balance always subject redress reference fairness doctrine failure puts continuation license risk sanction tremendous potency one commission increasing pressure employ system congress wisely provided alternative public ownership operation radio television communications facilities approach never thought within permissible limits constitutional choice app justice white opinion red lion broadcasting fcc makes clear broadcast media pose unique special problems present traditional free speech case unlike media broadcasting subject inherent physical limitation broadcast frequencies scarce resource must portioned among applicants possess financial resources desire communicate television radio satisfactorily accommodated spoke reality red lion said idle posit unabridgeable first amendment right broadcast comparable right every individual speak write publish broadcast media utilize valuable limited public resource also present unusual order first amendment values red lion discussed length application first amendment broadcast media analyzing broadcasters claim fairness doctrine two component rules violated freedom expression held one first amendment right license monopolize radio frequency deny station license public interest requires denial free speech although broadcaster without protection first amendment paramount pictures right viewers listeners right broadcasters paramount right public receive suitable access social political esthetic moral ideas experiences crucial right may constitutionally abridged either congress fcc red lion supra balancing various first amendment interests involved broadcast media determining best serves public right informed task great delicacy difficulty process must necessarily undertaken within framework regulatory scheme evolved course past half century time congress chosen regulatory agency established delicately balanced system regulation intended serve interests concerned problems regulation rendered difficult broadcast industry dynamic terms technological change solutions adequate decade ago necessarily acceptable today may well outmoded years hence thus evaluating first amendment claims respondents must afford great weight decisions congress experience commission professor chafee aptly observed get away bare words first amendment must construe part constitution creates government purpose performing several important tasks first amendment interpreted cripple regular work government part work regulation interstate foreign commerce come modern age include job parceling air among broadcasters congress entrusted fcc therefore every problem radio considered reference satisfactory performance job well value open discussion although free speech weigh heavily scale event conflict still commission given ample scope job chafee government mass communications ii numerous occasions recounted origins modern system broadcast regulation see red lion supra national broadcasting fcc sanders brothers radio station fcc pottsville broadcasting noted prior passage radio act stat broadcasting marked chaos unregulated burgeoning private use new media resulted intolerable situation demanding congressional action quickly became apparent broadcast frequencies constituted scarce resource whose use regulated rationalized government without government control medium little use cacaphony competing voices none clearly predictably heard red lion supra one earliest frequently quoted statements dilemma herbert hoover secretary commerce department making exploratory attempts deal infant broadcasting industry early testified house committee allow single person group place position censor material shall broadcasted public believe government ever placed position censoring material hearings house committee merchant marine fisheries statement foreshadowed tightrope aspects government regulation broadcast media problem congress commission courts struggled ever since congress appears concluded however two choices private official censorship government censorship pervasive difficult restrain hence one avoided licensee shall permit broadcasting station used candidate candidates public office discussion question affecting public shall make discrimination use broadcasting station respect said matters licensee shall deemed common carrier interstate commerce provided licensee shall power censor material broadcast cong rec emphasis added recall broadcasting today purely voluntary pays nothing broadcaster gives purpose building reputation seemed unwise put broadcaster hampering control common carrier compelled accept anything everything offered long price paid cong rec public questions general term probably question interest whatsoever discussed side demand time thus radio station placed position senator iowa mentions candidates namely give time kind discussion public question discussed provisions act also evince legislative desire preserve values private journalism regulatory scheme insure fulfillment certain public obligations although commission given authority issue renewable licenses broadcasters promulgate rules regulations governing use licenses consistent public convenience interest necessity act specifically provides nothing chapter shall understood construed give commission power censorship radio communications signals transmitted radio station regulation condition shall promulgated fixed commission shall interfere right free speech means radio communication subsequent developments broadcast regulation illustrate regulatory scheme evolved particular importance light congress flat refusal impose common carrier right access persons wishing speak public issues commission fairness doctrine evolved gradually years spanning federal regulation broadcast media formulated commission power issue regulations consistent public interest doctrine imposes two affirmative responsibilities broadcaster coverage issues public importance must adequate must fairly reflect differing viewpoints see red lion fulfilling fairness doctrine obligations broadcaster must provide free time presentation opposing views paid sponsor unavailable cullman broadcasting radio reg must initiate programming public issues one else seeks see john dempsey radio reg red lion supra since physically impossible provide time viewpoints however right exercise editorial judgment granted broadcaster broadcaster therefore allowed significant journalistic discretion deciding best fulfill fairness doctrine obligations although discretion bounded rules designed assure public interest fairness furthered decision instant cases commission described boundaries follows basic consideration respect licensee rule air coverage important issues views private ends beliefs public trustee must present representative community views voices controversial issues importance listeners means also voices must partisan licensee policy excluding partisan voices always presenting views bland inoffensive manner run counter national commitment debate public issues uninhibited robust new york times sullivan see also red lion broadcasting background mind next proceed consider whether broadcaster refusal accept editorial advertisements governmental action violative first amendment iii congress shall make law abridging freedom speech press restraint government action private persons public utilities pollak previously considered whether action broadcast licensee challenged governmental action purposes first amendment holding review thus presents novel question one implications see jaffe editorial responsibility broadcaster reflections fairness access harv rev appeals held broadcasters instrumentalities government first amendment purposes relying thesis familiar contexts broadcast licensees granted use part public domain regulated proxies fiduciaries people app characterizations without validity purposes resolve sensitive constitutional issues inherent deciding whether particular licensee action subject first amendment restraints dealing broadcast media contexts line private conduct governmental action defined reference general formula unrelated particular exercises governmental authority governmental action alleged must cautious analysis quality degree government relationship particular acts question sifting facts weighing circumstances nonobvious involvement state private conduct attributed true significance burton wilmington parking authority deciding whether first amendment encompasses conduct challenged must kept mind dealing vital part system communication electronic media swiftly become major factor dissemination ideas information licensed broadcast stations undertake perform important function large extent share printed media role keeping people informed seen advent radio half century ago congress faced fundamental choice total government ownership control new medium choice countries alternative long impact potential medium realized congress opted system private broadcasters licensed regulated government legislative history suggests choice influenced traditional attitudes toward private enterprise desire maintain licensees far consistent necessary regulation traditional journalistic role historic aversion censorship led congress enact act explicitly prohibits commission interfering exercise free speech broadcast frequencies congress pointedly refrained divesting broadcasters control selection voices act stands firm congressional statement broadcast licensees treated common carriers obliged accept whatever tendered members public provisions clearly manifest intention congress maintain substantial measure journalistic independence broadcast licensee regulatory scheme evolved slowly early licensee role developed terms public trustee charged duty fairly impartially informing public audience structure commission acts essence overseer initial primary responsibility fairness balance objectivity rests licensee role government overseer ultimate arbiter guardian public interest role licensee journalistic free agent call delicate balancing competing interests maintenance balance years called regulators licensees walk tightrope preserve first amendment values written radio act successor communications act tensions inherent regulatory structure emerge clearly compare private newspaper broadcast licensee power privately owned newspaper advance political social economic views bounded two factors first acceptance sufficient number readers hence advertisers assure financial success second journalistic integrity editors publishers broadcast licensee large measure journalistic freedom large exercised newspaper licensee must balance might prefer private entrepreneur required public trustee perform statutory duties commission must oversee without censoring suggests something difficulty delicacy administering communications act function calling flexibility capacity adjust readjust regulatory mechanism meet changing problems needs licensee policy challenged case intimately related journalistic role licensee given initial primary responsibility congress licensee policy accepting editorial advertising examined abstract proposition must viewed context journalistic role help press us idea editorial ads like commercial ads licensee policy editorial spot ads expressly based journalistic judgment spot announcements intelligible intelligent treatment public issues broadcaster chosen provide balanced treatment controversial questions comprehensive form obviously licensee evaluation based journalistic judgment priorities newsworthiness moreover commission fostered licensee policy challenged simply declined command particular action fell within area journalistic discretion commission explicitly emphasized course commission policy thwarting sale time comment public issues commission reasoning consistent nearly years precedent long licensee meets public trustee obligation provide balanced coverage issues events broad discretion decide obligation met reach question whether first amendment act read preclude commission determining situations public interest requires licensees policies respect editorial advertisements commission yet made determination present least found policy within sphere journalistic discretion congress left licensee thus said government partner action broadcast licensee complained engaged symbiotic relationship licensee profiting invidious discrimination proxy compare moose lodge irvis burton wilmington parking authority first amendment reach acts private parties every instance congress commission merely permitted failed prohibit acts conclusion altered merely commission rejected claims bem dnc concluded challenged licensee policy inconsistent public interest true public utilities pollak found governmental action sufficient trigger first amendment protections record involving agency approval conduct public utility though held decision district columbia bus company install radio receivers public buses within reach first amendment congress expressly authorized agency undertake plenary intervention affairs carrier pursuant authorization agency investigated challenged policy approved public interest standards congress established regulatory scheme broadcast licensees pervasive regulation public transportation pollak important noted congress affirmatively indicated communications act certain journalistic decisions licensee subject restrictions imposed evaluation overall performance public interest standard pollak suggestion congress considered worthy protection carrier interest exercising discretion content communications forced passengers basic distinction perhaps pollak case pollak concerned transportation utility derives protection first amendment see paramount pictures read first amendment spell governmental action circumstances presented licensee decisions content broadcasts processes editorial evaluation escape constitutional scrutiny sensitive area sweeping concept governmental action go far practical effect undermine nearly half century unmistakable congressional purpose maintain matter difficult task essentially private broadcast journalism held broadly accountable public interest standards congress commission agent must remain posture flexibility chart workable middle course quest preserve balance essential public accountability desired private control media profoundly anomalous us hold name promoting constitutional guarantees free expression editorial decisions broadcast licensees subject kind restraints urged respondents name first amendment contradiction journalistic discretion many ways lost rigid limitations first amendment imposes government application standards broadcast licensees antithetical ideal vigorous challenging debate issues public interest every licensee already held accountable totality performance public interest obligations concept private independent broadcast journalism regulated government assure protection public interest evolved slowly cautiously years nurtured processes adjudication concept journalistic independence reading challenged conduct licensee governmental action exist without administrative flexibility meet changing needs swift technological developments therefore conclude policies complained constitute governmental action violative first amendment see mcintire william penn broadcasting cert denied massachusetts universalist convention hildreth rogers post payton supp edny iv remains consideration question whether public interest standard communications act requires broadcasters accept editorial advertisements whether assuming governmental action broadcasters required reason first amendment resolving issues guided venerable principle construction statute charged execution followed unless compelling indications wrong red lion whether compelling indications error cases must answered careful evaluation commission reasoning light policies embodied congress public interest standard act many policies legislative history makes clear drawn first amendment public interest standard necessarily invites reference first amendment principles thus question us whether various interests free expression public broadcaster individuals require broadcasters sell commercial time persons wishing discuss controversial issues resolving issue must constantly kept mind interest public foremost concern broadcasting available means communication limited space time admonition professor alexander meiklejohn hat essential everyone shall speak everything worth saying shall said peculiarly appropriate political freedom outset reiterate made clear earlier nothing language communications act legislative history compels conclusion different reached commission seen congress time rejected various legislative attempts mandated variety forms individual access say congress rejection proposals must taken mean congress opposed private rights access circumstances rather point congress chosen leave questions commission given flexibility experiment new ideas changing conditions require case commission decided balance undesirable effects right access urged respondents outweigh asserted benefits appeals failed give due weight commission judgment matters commission justified concluding public interest providing access marketplace ideas experiences scarcely served system heavily weighted favor financially affluent access wealth cf red lion supra even system proposed dissenting commissioner cases views affluent well prevail others since within power purchase time frequently moreover substantial danger appeals acknowledged app time allotted editorial advertising monopolized one political persuasion problems necessarily solved applying fairness doctrine including cullman doctrine editorial advertising broadcasters required provide time free necessary discussion various shades opinion issue discussed advertisement affluent still determine large part issues discussed thus premise appeals holding right access necessary allow individuals groups opportunity speech little meaning afford purchase time first instance fairness doctrine applied editorial advertising also substantial danger effective operation doctrine jeopardized minimize financial hardship comply fully public responsibilities broadcaster might well forced make regular programming time available holding view different expressed editorial advertisement indeed bem suggested much brief result erosion journalistic discretion broadcasters coverage public issues transfer control treatment public issues licensees accountable broadcast performance private individuals public interest longer paramount rather subordinate private whim especially since appeals decision broadcaster largely precluded rejecting editorial advertisements dealt matters trivial insignificant already fairly covered broadcaster app fairness doctrine cullman doctrine suspended alleviate problems respondents suggest might appropriate question arises whether abandoned gained regime congressional objective balanced coverage public issues seriously threatened accept appeals view every potential speaker best judge listening public hear indeed best judge merits views journalistic tradition experience contrary better worse editing editors editing selection choice material editors newspaper broadcast abuse power beyond doubt reason deny discretion congress provided calculated risks abuse taken order preserve higher values presence risks nothing new authors bill rights accepted reality risks evils acceptable remedy spirit moderation sense responsibility civility part exercise guaranteed freedoms expression reasonable congress conclude public interest informed requires periodic accountability part entrusted use broadcast frequencies scarce delicate balancing historically followed regulation broadcasting congress commission appropriately conclude allocation journalistic priorities concentrated licensee rather diffused among many policy gives public assurance broadcaster answerable fails meet legitimate needs accountability attaches private individual whose qualifications using broadcast facility may abundant funds point view agree debate public issues robust mean exchange public trustee broadcasting limitations system editorial commentators appeals discounted difficulties stressing merely mandating modest reform requiring broadcasters required accept editorial advertising app suggested broadcasters place outside limit total amount editorial advertising sell commission broadcasters develop reasonable regulations designed prevent domination groups viewpoints commission decided apply fairness doctrine editorial advertisements result broadcasters suffered financial harm thought commission make necessary adjustments thus without providing specific answers substantial objections raised commission broadcasters express repeatedly confidence commission ability overcome difficulties remanded cases commission development regulations implement constitutional right access minimizing difficult problems involved implementing right access appeals failed come grips another problem critical importance broadcast regulation first amendment risk enlargement government control content broadcast discussion public issues see fowler rhode island niemotko maryland risk inherent appeals remand requiring regulations procedures sort requests heard process involving editing licensees perform regular programming although use public resource broadcast media permits limited degree government surveillance true respect private media see national broadcasting government power licensees noted means absolute carefully circumscribed act constitutionally commanded government supervised system urged respondents mandated appeals commission required oversee far operations broadcasters conduct deciding questions whether particular individual group sufficient opportunity present viewpoint whether particular viewpoint already sufficiently aired regimenting broadcasters radical therapy ailment respondents complain fairness doctrine commission responsibility judge whether licensee overall performance indicates sustained effort meet public interest fully fairly informed commission responsibilities system tend draw continuing determination heard indeed likelihood government involvement great suggested accepted constitutional principles control speech content need relaxed respect editorial advertisements sacrifice first amendment protections speculative gain warranted well within commission discretion construe act avoid result commission also entitled take account reality real sense listeners viewers constitute captive audience cf public utilities pollak kovacs cooper captive nature broadcast audience recognized early commerce secretary hoover remarked fourth national radio conference radio listener option reader publications ignore advertising interested may resent invasion set broadcast media became pervasive society problem become acute recent decision upholding commission power promulgate rules regarding cigarette advertising judge bazelon writing unanimous appeals noted effects ubiquitous commercial written messages communicated unless read reading requires affirmative act broadcast messages contrast air age omnipresent radio scarcely breathes citizen know part leading cigarette jingle heart similarly ordinary habitual television watcher avoid commercials frequently leaving room changing channel affirmative act difficult calculate subliminal impact pervasive propaganda may heard even listened may reasonably thought greater impact written word banzhaf fcc app cert denied rationale appeals decision imposing constitutional right access broadcast media licensee impermissibly discriminates accepting commercial advertisements refusing editorial advertisements relied decisions holding school newspapers public transit companies prohibited first amendment excluding controversial editorial advertisements favor commercial advertisements also attempted analogize case decisions holding may constitutionally ban certain protected speech time permitting speech public areas cox louisiana fowler rhode island niemotko maryland theme invidious discrimination protected speech echoed briefs bem dnc respondents also rely recent decisions grayned city rockford police dept chicago mosley held unconstitutional city ordinances permitted peaceful picketing school involved labor dispute prohibited demonstrations purposes streets sidewalks within feet school decisions provide little guidance however resolving question whether first amendment requires commission mandate private right access broadcast media none cases forum sought expression affirmative independent statutory obligation provide full fair coverage public issues congress imposed broadcast licensees short discrimination controversial speech present case question whether discussion controversial issues public importance broadcast media rather shall determine issues discussed opinion appeals asserted fairness doctrine insofar allows broadcasters exercise certain journalistic judgments discussion public issues inadequate meet public interest informed present system held conforms paternalistic structure licensees bureaucrats decide issues important fully cover format time style coverage app forced sale advertising time editorial spot announcements according appeals majority remedy deficiency conclusion premised notion advertising time opposed programming time involves special separate mode expression advertising content unlike programming content generally prepared edited advertiser thus concluded broadcaster policy using advertising time editorial messages may well ignore opportunities enliven enrich public overall information appeals holding serve transfer large share responsibility balanced broadcasting identifiable regulated entity licensee unregulated speakers afford cost reject suggestion fairness doctrine permits broadcasters preside paternalistic regime see red lion doctrine admittedly always brought public perfect indeed even consistently treatment public events issues remedy lie diluting licensee responsibility commission stressed licensee discretion fulfilling obligations fairness doctrine required present representative community views voices controversial issues importance listeners prohibited excluding partisan voices always presenting views bland inoffensive manner broadcaster neglects obligation risk losing license conceivably future date congress commission broadcasters may devise kind limited right access practicable desirable indeed commission noted proceedings advent cable television afford increased opportunities discussion public issues proposed rules cable television commission provided cable systems major television markets shall maintain least one specially designated noncommercial public access channel available nondiscriminatory basis system shall maintain available public use least minimal equipment facilities necessary production programming channel fed reg problems perceived appeals majority means new seen history communications act activities commission period years reflect continuing search means achieve reasonable regulation compatible first amendment rights public licensees commission pending hearings one step continuing process least courts freeze necessarily dynamic process constitutional holding see american commercial lines louisville judgment appeals reversed footnotes congressman davis example stated floor house view congress found unacceptable think member committee deny absolutely inevitable going regulate radio public utilities regulate public utilities going regulate rates service force give equal service equal treatment cong rec see also section reads licensee shall permit person legally qualified candidate public office use broadcasting station shall afford equal opportunities candidates office use broadcasting station provided licensee shall power censorship material broadcast provisions section obligation imposed subsection upon licensee allow use station candidate appearance legally qualified candidate bona fide newscast bona fide news interview bona fide news documentary appearance candidate incidental presentation subject subjects covered news documentary coverage bona fide news events including limited political conventions activities incidental thereto shall deemed use broadcasting station within meaning subsection nothing foregoing sentence shall construed relieving broadcasters connection presentation newscasts news interviews news documentaries coverage news events obligation imposed upon chapter operate public interest afford reasonable opportunity discussion conflicting views issues public importance senate passed provision stating licensee shall permit person use broadcasting station support opposition candidate public office presentation views public question voted upon election shall afford equal opportunity equal number persons use station support opposing candidate public office reply person used broadcasting station support opposition candidate presentation opposite views public questions see hearings senate committee interstate commerce emphasis added provision discussion public issues deleted conference see conf also noteworthy two bills offered restricted control broadcasters discussion certain issues congressman mcfadden proposed bill forbidden broadcasters discriminate programs sponsored religious charitable educational associations sess bill reported committee debates act senators wagner hatfield offered amendment ordered commission reserve allocate educational religious agricultural labor cooperative similar associations radio broadcasting facilities within jurisdiction cong rec senator dill explained committee rejected proposed amendment indicating practical difficulties dangers censorship crucial dill provide percent time shall allocated nonprofit organizations someone determine congress somebody else much percent go education much religion much agriculture much labor much fraternal organizations forth enter field must determine much give catholics probably much protestants much jews cong rec senator dill went say problem determining proper allocation time discussion subjects worked commission senate rejected amendment section provides follows common carrier carrier means person engaged common carrier hire interstate foreign communication wire radio interstate foreign radio transmission energy except reference made common carriers subject chapter person engaged radio broadcasting shall insofar person engaged deemed common carrier stat amended stat amended section stat amended provides relevant part except otherwise provided chapter commission time time public convenience interest necessity requires shall prescribe nature service rendered class licensed stations station within class make rules regulations prescribe restrictions conditions inconsistent law may necessary carry provisions chapter congress amended act give statutory approval fairness doctrine act stat summary development nature fairness doctrine see red lion broadcasting fcc see madalyn murray radio reg factors broadcaster must take account exercising discretion include following determining whether honor specific requests time station inevitably confronted questions whether subject worth considering whether viewpoint requesting party already received sufficient amount broadcast time whether may available groups individuals might appropriate spokesmen particular point view person group making request report editorializing broadcast licensees commission also adopted various component regulations fairness doctrine notable personal attack political editorializing rules upheld red lion personal attack rule provides hen presentation views controversial issue public importance attack made upon honesty character integrity like personal qualities identified person licensee must notify person attacked give opportunity respond cfr similarly political editorializing rule provides licensee endorses political candidate editorial must give candidates spokesmen opportunity respond commission course taken steps beyond fairness doctrine expand diversity expression radio television chain broadcasting multiple ownership rules established examples recently commission promulgated rules limiting television network syndication practices reserving prime time programs appeals respondents dissent case relied dictum broadcasting illustrating commission approval private right purchase air time discussion controversial issues case complaint alleged station policy refusing sell time discussion public issues also station applied policy discriminatory manner factor shown cases presently us furthermore decision handed four years commission fully developed articulated fairness doctrine see report editorializing broadcast licensees thus even decision read without reference allegation discrimination stands merely isolated statement made period commission still working problems associated discussion public issues dictum followed since modified fairness doctrine noted earlier congress amended act give statutory approval commission fairness doctrine act stat recently congress amended act authorize commission revoke station license willful repeated failure allow reasonable access permit purchase reasonable amounts time use broadcasting station legally qualified candidate federal elective office behalf candidacy campaign communications reform act pub stat amendment essentially codified commission prior interpretation requiring broadcasters make time available political candidates farmers union wday see fcc memorandum second sentence section political broadcasts equal time hearings subcommittee house committee interstate foreign commerce res pp see sess recent proposal offered senator fulbright bill amended act provide licensees shall provide reasonable amount public service time authorized representatives senate house representatives present views senate house representatives issues public importance public service time required provided subsection shall made available authorized representative least limited four times calendar year res sess dissent offers analysis appeals one distinguished commentator recognized line reasoning stretch es concept state action far jaffe editorial responsibility broadcaster reflections fairness access harv rev notion broadcasters engaged governmental action licensed utilize public frequencies regulated superficially appealing professor jaffe observes entirely satisfactory dissenting view appear want ways question government control broadcast media finding governmental action dissent stresses perceived elaborate statutory scheme governing virtually aspects broadcast industry indeed dissent suggests federal agency review guidance broadcaster conduct automatic continuing pervasive post yet later dissent discussing constitutional need right access dissent objects substantial independence afforded broadcasters covering issues public importance thus said broadcasters retain almost exclusive control selection issues viewpoints covered manner presentation perhaps important shall speak post see johnson dissenting overcome inconsistency suggested submarket rate system established unable afford normal cost air time see note harv rev proposal criticized think justifiably raising incredible administrative problems jaffe editorial responsibility broadcaster reflections fairness access harv rev see supra see report editorializing broadcast licensees see note harv rev dnc urged least recognize right national parties purchase air time purpose discussing public issues see principled means first amendment favoring access organized political parties groups individuals reprinted hearings senate committee interstate commerce radio control lee board regents state colleges supp wd aff zucker panitz supp sdny kissinger new york city transit authority supp sdny hillside community church city tacoma wirta costa transit district cal subsequent announcement appeals decision commission expanded scope inquiry comply appeals mandate notice inquiry docket fed reg granted certiorari stayed mandate appeals commission withdrew notice expanded inquiry continued study originally planned order notice inquiry docket fed reg justice stewart concurring join parts ii opinion opinion part iii views closely approach expressed justice douglas concurring judgment first amendment prohibits government imposing controls upon press private broadcasters surely part press paramount pictures yet appeals held dissenters today agree first amendment requires government impose controls upon private broadcasters order preserve first amendment values appellate accomplished strange convolution simple device holding private broadcasters government step along path eventually lead proposition private newspapers government freedom press gone place governmental controls upon press majority particular moment might consider first amendment values require frightening specter appeal seeking analogies areas law governmental involvement part otherwise private parties led hold certain activities parties tantamount governmental action evolution state action concept fourteenth amendment one available analogy another decision public utilities pollak policy privately owned publicly regulated bus company approved regulatory commission held activate first amendment review first amendment also held applicable private parties control essentially public forums amalgamated food employees logan valley plaza marsh alabama cf lloyd tanner problem us however complex admit solution simply analogizing cases different areas deal electronic press protected government first amendment woodenly accepting analogies cases dealing racial discrimination regulated industries press company towns must look closely structure broadcasting limits governmental regulation licensees congress enacted radio act stat followed federal communications act stat et responding need regulate access public airwaves every member public broadcast air chose since scarcity frequencies made sure road chaos system selected congress hybrid federal radio commission succeeded federal communications commission license broadcasters periods licensees though subject public regulation private companies scarcity meant need limit access access limited thought necessary regulatory apparatus take account public interest obtaining best practicable service community reached licensee broadcasts fcc sanders brothers radio station public regulation merely matter electromagnetic engineering sake keeping signals clear also included regulation programming writing defense commission regulations regarding chain broadcasting justice frankfurter said provisions act individually aggregate preclude notion commission empowered deal technical engineering impediments larger effective use radio public interest national broadcasting time federal regulation broadcasting public interest extensive pro tanto rightly wrongly held tolerable first amendment fairness doctrine requirements red lion broadcasting fcc doctrine held constitute permissible governmental regulation broadcasters despite first amendment said substantially individuals want broadcast frequencies allocate idle posit unabridgeable first amendment right broadcast comparable right every individual speak write publish scarcity radio frequencies government permitted put restraints licensees favor others whose views expressed unique medium people whole retain interest free speech radio collective right medium function consistently ends purposes first amendment right viewers listeners right broadcasters paramount throughout long history regulation however recognized broadcasters retain important freedoms commission regulatory power limits quite apart may required first amendment regulatory legislation makes clear freedoms section act provides broadcasters treated common carriers broadcasters common carriers within meaning act subject section provides pertinent part shall duty every common carrier engaged interstate foreign communication wire radio furnish communication service upon reasonable request therefore shall unlawful common carrier make unjust unreasonable discrimination charges practices classifications regulations facilities services connection like communication service directly indirectly means device make give undue unreasonable preference advantage particular person class persons locality subject particular person class persons locality undue unreasonable prejudice disadvantage nothing chapter shall understood construed give commission power censorship radio communications signals transmitted radio station regulation condition shall promulgated fixed commission shall interfere right free speech means radio communication red lion supra held despite first amendment commission may impose fairness doctrine upon broadcasters requiring present balanced coverage various conflicting views issues public importance agreed red lion although considerable doubt thought much government regulation program content within outer limits first amendment tolerability commission require broadcasters accept amount editorial advertising part public interest mandate upon licenses conditional issue us posture fairness doctrine red lion determine whether additional governmental control broadcasters consistent statute tolerable first amendment however commission imposed requirement left private broadcasters free accept reject advertising saw fit appeals held first amendment compels commission require broadcasters accept advertising equated broadcaster action governmental action holding raises serious statutory question act provides broadcasters common carriers seems reflect extraordinarily odd view first amendment dissenting opinion today argues support decision appeals limited right access sought respondents required first amendment limited right turn broadcasters common carriers respondents argue somewhat differently constitution requires responsible individuals groups given right purchase advertising positions said arrived somehow balancing competing first amendment values private broadcasters government first amendment give limited right speak since first amendment given government right silence speakers consider responsible first amendment protects press governmental interference confers analogous protection government hold broadcaster action governmental action thus simply strip broadcasters first amendment rights obligated grant demands citizens heard air subject reasonable regulations time place manner cf police dept chicago mosley cox louisiana poulos new hampshire cox new hampshire dissent today proper analogy public forums broadcasters government first amendment purposes broadcasters inevitably drawn position common carriers precisely status government respect public forums status mandated first amendment hold broadcaster action governmental action thus produce result wholly inimical broadcasters first amendment rights wholly odds broadcasting system established congress many decisions approving legislative provisions judge mcgowan wrote dissenting judgment appeals cases system congress wisely provided alternative public ownership operation radio television communications facilities approach never thought within permissible limits constitutional choice app ii part iv opinion understand seems primarily deal respondents statutory argument obligation broadcasters operate public interest supports judgment appeals yet two concurring brethren understand part iv discussion first amendment issue exist cases action broadcasters equated governmental action according brother blackmun governmental action issue affect outcome case post appeals also conflated constitutional statutory issues cases reasoned whether decision styled first amendment decision decision interpreting fairness public interest requirements light first amendment matters little app find reasoning quite wrong wholly disagree simple reason first amendment public interest standard statute coextensive two related sense commission public interest place requirement broadcasters constituted violation first amendment rights two also related sense foster free speech held commission statute require broadcasters certain things public interest first amendment require broadcasters government example fairness doctrine aspect public interest regulation broadcasters compelled even permitted first amendment broadcasters government public interest language statute intended enact substance first amendment discussion whether broadcaster action governmental action indeed superfluous anything government first amendment broadcasters statute theory proves far much since make statutory scheme emphasis broadcaster discretion proscription interference right free speech means radio communication nullity government really operating electronic press brother douglas points prevented first amendment selection broadcast content exercise editorial judgment permitted name fairness deny time person group grounds views heard enough yet broadcasters perform precisely functions enjoy precisely freedoms act constitutional statutory issues cases thus quite different evaluating statutory claims starting point must venerable principle construction statute charged execution followed unless compelling indications wrong red lion though doubt respondents attempting communicate considered important messages follow commission erred refused require every broadcaster communicate messages contrary said dissent today case seller goods granted instant access media someone seeking discuss war peace pollution suffering poor denied right speak post indication thousands broadcasters regulated commission anything like uniform policy turning controversial editorial advertising cases us business executives spot advertisements rejected single radio station three television networks one turned democratic national committee request air time told many broadcasters accept advertising type issue variation broadcaster policy reflects kind diversity competition best protects free flow ideas system broadcasting predicated private management even though public interest respondents advertisements heard follow public interest requires every broadcaster broadcast certainly follow public interest served forcing every broadcaster accept particular kind advertising light diverse broadcaster policies serious first amendment problem contrary ruling presented surely compelling indications commission misunderstood statutory responsibility iii never paucity arguments favor limiting freedom press appeals concluded greater government control press freedom acceptable scarcity frequencies broadcasting many broadcasting stations daily newspapers require great ingenuity argue newspapers government newspapers get government mail subsidies limited antitrust immunity reasoning appeals lead conclusion first amendment requires newspapers compelled open pages comers perhaps overstate logic opinion appeals perhaps balancing first amendment values require newspapers compelled give limited access dissident voices voices responsible perhaps require access compelled single newspaper particular community close question various alternative results grossly violative first amendment guarantee free press guarantee gives every newspaper liberty print chooses reject chooses free intrusive editorial thumb government profoundly trust reasoning attributed appeals ever adopted exaggerated make clear dangers beset us lose sight first amendment march forth blind pursuit values wrote first amendment put faith proposition free press indispensable free society believed fairness far fragile left government bureaucracy accomplish history many times confirmed wisdom choice persuaded red lion accept commission view fairness doctrine required unique electronic limitations broadcasting least state art rightly wrongly decided broadcasters first amendment rights abridgeable surely mean rights nonexistent even else equipoise decision issue us finally rest upon first amendment values alone agree appeals values mean anything mean least must choose whether editorial decisions made free judgment individual broadcasters imposed bureaucratic fiat choice must freedom amdt provides pertinent part congress shall make law abridging freedom speech press see amalgamated food employees logan valley plaza railway employees dept hanson public utilities pollak marsh alabama conduct formally private may become entwined governmental policies impregnated governmental character become subject constitutional limitations placed upon state action evans newton earlier burton wilmington parking authority held privately owned restaurant located within public parking garage sufficiently involved state authority bring racially discriminatory actions within proscription fourteenth amendment see paramount pictures federal communications act also prohibits commission interfering right free speech means radio communication history regulatory legislation regarding broadcasters see red lion broadcasting fcc national broadcasting rules appear cfr public issue aspect fairness doctrine requires broadcaster give adequate coverage public issues fairly reflecting divergent views broadcasting new broadcasting radio reg see generally applicability fairness doctrine handling controversial issues public importance fed reg coverage must provided broadcaster expense necessary cullman broadcasting radio reg duty must met providing programming obtained licensee initiative available source john dempsey radio reg government restrained first amendment controlling expression cf new york times stewart concurring professor thomas emerson written purpose first amendment protect private expression nothing guarantee precludes government controlling expression agents system freedom expression right speak flourish allowed operate effective forum whether public park schoolroom town meeting hall soapbox radio television frequency post professor emerson recognized scope access argument licensee therefore considered agent government trustee public process allocation hence licensee direct first amendment rights except expression supra though licensee free say wished broadcasting whatever might mean seems clear licensee special claim broadcast time lose entirely freedom program schedule according judgment values priorities cf police dept chicago mosley cox louisiana poulos new hampshire cox new hampshire licensees forced develop procedurally fair substantively nondiscriminatory system controlling access view precisely congress intended avoid act red lion broadcasting fcc national broadcasting fcc sanders brothers radio station fcc pottsville broadcasting none suggests disagreement part evolution state action fourteenth amendment recognize moose lodge irvis relevant fact commission considered rejected challenge broadcaster policy might sufficient constitute state action fact basis decision public utilities pollak basis fairness doctrine statutory constitutional said red lion light fact public interest broadcasting clearly encompasses presentation vigorous debate controversial issues importance concern public fact fcc rested upon language inception doctrine issues must discussed fairly fact congress acknowledged analogous provisions preclusive area knowingly preserved fcc complementary efforts think fairness doctrine component personal attack political editorializing regulations legitimate exercise congressionally delegated authority democratic national committee cited lack uniformity reason seeking declaratory ruling commission much diversity thought plan effectively advertising campaign dnc request declaratory ruling commission stated addition three national commercial networks april air commercial vhf television stations commercial uhf stations standard broadcast stations commercial fm stations several stations common owners necessarily follow every station owned individual group follow policies daily newspapers ayer directory publications viii compare number broadcasters supra newspapers periodicals receive government subsidy form postage rates cfr antitrust immunity established newspaper preservation act et seq justice white concurring join parts ii iv opinion judgment however concur part iii opinion suggest conduct broadcasters must always even often considered government purposes first amendment least arguable strongly communications act policies commission including fairness doctrine sufficiently implicated require review commission orders first amendment heart argument simply stated claim cases communications act first amendment interpreted confer right access wished buy time editorial advertising raise political funds commission rejected statutory constitutional positions confer right access said contrary communications act policies adopted commission implement act congress intended fairness doctrine complied also intended broadcasters wide discretion respect method compliance requirement broadcasters accept editorial ads instead provide programs format opinion opinion sources congress intended right access claimed cases commission view recognize right require major revisions statutory regulatory policy commission also ruled contrary views dissenting member rejection asserted right access wholly consistent first amendment context ready conclude done part iii opinion first amendment may put aside lack official action necessary invoke proscriptions assuming arguendo part iv opinion congress commission sufficiently involved denial access broadcasting media require review first amendment reverse judgment appeals given constitutionality fairness doctrine accepting part iv opinion little difficulty concluding statutory regulatory recognition broadcaster freedom discretion make programs choose method compliance fairness doctrine consistent first amendment justice blackmun justice powell joins concurring part iv determines whether assuming governmental action broadcasters required accept editorial advertisements reason first amendment ante concludes appeals erred froze continuing search means achieve reasonable regulation compatible first amendment rights public licensees constitutional holding ante conclusion first amendment compel result reached appeals demonstrates governmental action issue affect outcome case therefore refrain deciding justice douglas concurring judgment join reversing judgment quite different reasons conclusion tv radio stand protected position first amendment newspapers magazines philosophy first amendment requires result fear madison jefferson government intrusion perhaps even relevant tv radio newspapers like publications fear founded spectre lawless government government control faction desired foist views common good people popular terms view expressed follows ground rules democracy grown require free press necessarily responsible temperate one halfway stages aristophanes saw democracy means power generally conferred whereupon everyone else moves great glee try dislodge messy politicians understand ca well otherwise still democracy stewart reviewing epstein news nowhere television news book world washington post march pp public broadcasting course raises quite different problems tendered tv outlets involved litigation congress authorized creation corporation public broadcasting whose board directors appointed president advice consent senate total television radio stations made nationwide public broadcasting system june see corporation public broadcasting annual report nonprofit organization terms said agency establishment government yet since creature congress whose management hands board named president approved senate difficult see federal agency engaged operating press word used first amendment cases involved corporation situation comparable owns manages prestigious newspaper like new york times washington post sacramento bee government owner manager see free pick choose news items desired first amendment may censor enact enforce law abridging freedom press politics ideological slants rightist leftist tendencies play part design programs see markel public private tv world mar shales ultimatum improper white house influence washington post apr specifically programs tendered respondents present cases turned governmental action may evidenced various forms supervision control private activities burton wilmington parking authority expressed view activities licensees government operating public domain governmental actions far constitutional duties responsibilities concerned see garner louisiana concurring lombard louisiana concurring moose lodge irvis dissenting somewhat idea expressed first justice harlan dissent plessy ferguson view accepted tv radio licensee federal agency thesis brother brennan inexorably follow licensee federal government precisely situation corporation public broadcasting licensee like agency government within limits time bound disseminate views arm government unable reason first amendment abridge sectors thought favor others however decide whether broadcast licensee federal agency within context cases ii broadcast licensee engaged governmental action purposes first amendment fail see constitutionally treat tv radio differently treat newspapers come surprise public well publishers editors newspapers informed newly created federal bureau hereafter provide guidelines newspapers promulgate rules give federal agency power ride herd publishing business make sure fair comment current issues made congressman farbstein introduced bill never reported committee provided newspaper general circulation published city population greater one separately owned newspaper general circulation published shall provide reasonable opportunity balanced presentation conflicting views issues public importance giving federal communications commission power enforce requirement thomas emerson leading first amendment scholar stated ny effort solve broader problems monopoly press forcing newspapers cover newsworthy events print viewpoints watchful eyes petty public officials likely undermine independence press shows without achieving real diversity system freedom expression controversialists especially paid franklin disagreed declaring newspaper stagecoach seats everyone offered print pamphlets private distribution refused fill paper private altercations mott american journalism ed deplore putrid state newspapers passed malignity vulgarity mendacious spirit write ordures rapidly depraving public taste however evil remedy liberty depends freedom press limited without lost stated recently harry kalven insufficiently noticed aspect first amendment contemplates vigorous use opponents given doctrines ideas political positions theory ideas positions entitled flourish freedom discussion rather must survive endure hostile criticism perhaps paradox suppression speech speech part parcel principle freedom speech indeed one big reason policy dictates government keep hands communication area criticism singularly effective free robust criticism government officers policy essence democratic dialectic belief quote brandeis power reason applied public discussion government reciprocally criticize performance press officers policies without criticism carrying implications power coercion government simply another discussant press performance whether critic carries threat censor often wills clear voice needed surely others champion view performance press balance struck avowedly even enthusiastically citizen may criticize performance motives government government may defend performance policies may criticize performance motives critics center magazine pp cry protest gone newspapers magazines senator joseph mccarthy prime holding hand papers containing names communists state department feuerlicht joe mccarthy mccarthyism scarcely dozen papers nation stood firm citizen right due process first amendment protection however reason put saddle federal bureaucracy backs publishers bill rights people entitled extreme ideas silly ideas partisan ideas true believe tv radio times nauseating mediocrity times show dazzling brilliance leonard bernstein often bring humanistic influences faraway people every home tv radio news broadcasts frequently tip news one direction another even try turn public figure character disrepute yet newspapers magazines segments press standards tv radio newspapers magazines whether excellence mediocrity beyond reach government government acting courts disciplines lawyers government makes criminal acts doctors engineers first amendment puts beyond reach government federal regulation news agencies save business financial practices involve first amendment rights conspicuous associated press enforcement antitrust laws agency held inconsistent first amendment rights government business collating dispensing enforcing subtly otherwise set ideas press beliefs proposals change clamor controls protests governmental regime protected first amendment governmental ban control debate meaning first amendment applied reason fourteenth thought state level first amendment somewhat watered full vigor applied federal government see roth harlan concurring far minority view see malloy hogan quite irrelevant first amendment like parts bill rights outset applicable federal government first amendment written terms absolute command congress shall make law abridging freedom speech press guarantee course changed constitutional amendment make press segments press organs government thus control news information people receive restructuring first amendment done judicial fiat congressional action ban law abridges freedom press view total complete alien sedition acts stat passed early history plainly unconstitutional jefferson believed jefferson indeed said reason first amendment libels falsehood defamation equally heresy false religion withheld cognizance federal tribunals therefore act congress passed july entitled act addition act entitled act punishment certain crimes abridge freedom press law altogether void force elliot debates federal constitution acts short life never returned however witnessed slow encroachment government segment press represented tv radio licensees licensing necessary engineering reasons spectrum limited wavelengths must assigned avoid stations interfering red lion broadcasting fcc commission duty encourage multitude voices limited way preventing monopolistic practices promoting technological developments open new channels censorship editing screening government licensees may broadcast goes grain first amendment national broadcasting said unlike modes expression radio inherently available unique characteristic unlike modes expression subject governmental regulation uniqueness due engineering technical problems press realistic sense likewise available small underground papers appear disappear weekly established institution daily papers established unique sense virtually impossible competitor enter field due financial exigencies era result practical terms newspapers magazines like tv radio available select time folly think combat new york times denver post building new plant becoming competitor may argue redefinition responsibilities press first amendment terms think gives us carte blanche design systems supervision control empower congress read mandate first amendment congress shall make law abridging freedom press mean congress may acting directly agencies fcc make laws abridging freedom press powerful arguments summarized appraised emerson system freedom expression cc xvii xviii made revamping reconditioning system present one may largely aligned side status quo problem implicates educational efforts bland conformist pressures press political financial sources foist boilerplate points view people rather display diversities ideologies culture world buckminster fuller said communized radio kind first amendment best serve needs approach century may open question first amendment guideline one hard fast principle announces government shall keep hands press principle served us days calm eras strife abide new first amendment adopted means view tv radio well conventional methods disseminating news included concept press used first amendment therefore entitled live regime first amendment sanctions issues presented cases momentous ones tv radio broadcasters mined millions selling merchandise selling ideas across broad spectrum first amendment newspapers done precisely loading pages advertisements publish discussions critical issues confronting society stories murders scandal slanderous matter touching lives public servants recourse due new york times sullivan commissioner johnson fcc wrote present case powerful dissent said although first amendment clearly ban governmental censorship speech content government must concerned procedural rules control public forums discussion someone moderator licensee applies rules give one speaker viewpoint less time none present position censorship exists invidious outright thought control little doubt mind given forum speech first amendment demands rules permitting many speak heard possible commission enact courts must require said course government control broadcasters channels public domain sense use airspace common heritage people parks also public domain yet people speak come government censorship lovell griffin hague cio tradition hyde park tradition censor reflected first amendment tv radio broadcasters vital part press since first amendment allows government control leave segment press devices licenses course restricted time view congress power make license limited fixed term nonreviewable power deny renewals editorial ideological reasons reason first amendment gives preference one school thought others today decision endorsing fairness doctrine sanctions federal saddle broadcast licensees agreeable traditions nations never known freedom press tolerable countries written constitution containing prohibitions absolute first amendment indeed cases argued fcc instituted inquiry determine whether broadcaster cablecaster broadcast obscene indecent profane language violation april fcc fined sonderling broadcasting operates station wgld oak park illinois allowing obscene conversations telephone talk show used roth memoirs massachusetts ginzburg supplying criteria broadcasting fined corporation reads whoever utters obscene indecent profane language means radio communication shall fined imprisoned two years commissioner johnson dissented saying fcc prefers sit omniscient programming review board allegedly capable deciding good american public see hear fcc bars particular program casts pall entire broadcasting industry reason licensees fear potential loss highly profitable broadcast licenses concluded creates chilling effect enormous proportions reaches forms broadcast expression course made great inroads first amendment obscenity one many examples perhaps inching slowly toward controlled press regime federal supervision fairness doctrine contrary constitutional mandate makes broadcast licensee easy victim political pressures reduces timid submissive segment press whose measure public interest echoes dominant political voice emerges every election affair freedom proud bear faint likeness former robust days iii said come surprise public well publishers editors newspapers learn newly created federal bureau perhaps said event come surprise fact might view retrogressive steps witnessed allowed ominous inroads made historic freedom newspapers effort suppress publication pentagon papers failed narrow margin actually succeeded brief spell imposing prior restraint press first time history see new york times recent years admonition justice black first amendment gave press freedom might serve governed governors disregarded government power censor press abolished press remain forever free censure government press protected bare secrets government inform people free unrestrained press effectively expose deception government paramount among responsibilities free press duty prevent part government deceiving people sending distant lands die foreign fevers foreign shot shell ibid boston globe reports last two years least federal grand juries used investigate radical antiwar dissent power subpoena proceedings secret bound rules evidence required open lot leverage example old house activities committee direction easy use stamp secret top secret recently approved environmental protection agency mink decision makes shambles freedom information act tune restraints press provisions new proposed rules evidence recently sent congress proposed rule provides government privilege refuse give evidence prevent person giving evidence upon showing reasonable likelihood danger evidence disclose secret state official information defined rule growing restraints newspapers ominous message overtones present opinion tv radio licensees growing specter governmental control surveillance activities people makes ominous threat liberty hold executive power attempts made use commission political weapon opposition whether left right experience shown unrestrained power trusted serve public weal even though governmental hands fate first amendment jeopardized constitutional mandate government shall make law abridging freedom speech press clear orders rulings commission covered ban must carefully confined lest broadcasting powerful media used subdue minorities help produce nation people walk submissively executive notions public good mills alabama involved prosecution newspaper editor publishing contrary state statute editorial election day urging voters vote existing city commission replace government speaking justice black reversed judgment saying press serves designed serve powerful antidote abuses power governmental officials constitutionally chosen means keeping officials elected people responsible people selected serve suppression right press praise criticize governmental agents clamor contend change editorial muzzles one agencies framers constitution thoughtfully deliberately selected improve society keep free alabama corrupt practices act providing criminal penalties publishing editorials one silences press time effective difficult conceive obvious flagrant abridgment constitutionally guaranteed freedom press walter lippman wrote president coolidge criticism press present relevancy coolidge said declared peace understanding moderation disapproved conquest aggression exploitation pleaded patriotic press free press denounced narrow bigoted nationalism announced stood law order protection life property respect sovereignty principle international law coolidge catalog virtues complete except one virtue humble realization god endowed calvin coolidge infallible power determine concrete case exactly right patriotic recognize possibility continue lecture press way make appear newspapers oppose unpatriotic support think case good blindly support coolidge notion accepted american press reduce utter triviality luskin lippman liberty press sess congress provided person engaged radio broadcasting shall insofar person engaged deemed common carrier say media great decisionmaking powers without defined legal responsibilities formal duties public accountability overestimate power put forth meaningless formula reform shall make new york times accountable policy require print letters editor support war situation grave stated remedy fantastically inadequate situation grave new york times chicago tribune nbc abc cbs play role policy formation clearly alone responsible example johnson decision run nixon refusal withdraw troops vietnam rejection two billion dollar new york bond issue defeat carswell haynsworth segregation reapportionment prayer decisions implication people country except proponents theory mere unthinking automatons manipulated media without interests conflicts prejudices assumption find quite maddening development constitutional doctrine based hysterical overestimation media power underestimation good sense american public jaffe editorial responsibility broadcaster reflections fairness access harv rev jefferson democracy padover ed barron mayor baltimore pet press country like britain one time subject contempt comments pending litigation toledo newspaper position changed see bridges california federal habeas corpus however available give man freedom prosecution opportunity new trial conduct press resulted unfair trial sheppard maxwell change venue may local atmosphere saturated community prejudice see rideau louisiana senate report accompanied bill became radio act stat stated channels radio transmission unlimited number importance regulatory body greatly lessened channels limited restricted number decision shall permitted use terms periods time together questions connected situation requires exercise high order discretion careful application principles equitable treatment classes interests affected reasons committee decided power regulate radio communication centered one independent body radio commission granting full complete authority entire subject radio scarcity may soon constraint past thus obviating concerns expressed red lion predicted may possible within years provide television viewers channels advances cable television smith wired nation see line radio fcc app bazelon dissenting currently press censorship covers globe brazil present regime censorship pervasive reported new york times censors rules issued months ago constantly amended cover vast field strictly applied leave press little discuss practice however much depends whims suspicions local censors general prohibitions include protests censorship discussion successor president emilio garrastazu medici whose term campaigns government special powers decree sensational news might hurt image brazil others campaigns discredit national housing program financial market matters vital importance government playing assaults banks credit establishments tension roman catholic church state agitation union student circles publicity communist personalities nations criticism state governors exaltation immorality news homosexuality prostitution drugs also barred controversial order issued minister justice last september bans news comment interviews political relaxation regime democracy brazil economic financial situation general indeed argued existence newspapers thus access public dependent upon preferential mailing privileges newspapers receive postage rates privilege afforded government brother stewart recognizes form subsidy postal reorganization act new postal rate commission empowered fix postage rates levels high enough make class mail pay way john fischer reports increase mail rates magazines periodicals nothing less death sentence unpredictable number publications easy chair harper magazine may established giants publishing field suffer estimated magazines small newspapers forced existence fischer mentions specifically national review human events nation new republic publications offer us rich diversity opinion reporting first amendment designed promote protect senator megee chairman post office civil service committee said believe american public generally vested interest survival newspapers magazines regardless economic political social policies espouse contribute nation thought process personally convinced congress permit magazines go cost distributing postal system higher readers willing pay addition benefits reduced postage rates newspapers afforded limited antitrust exemption newspaper preservation act et seq judge bazelon dissenting line radio fcc app said wxur doubt devoted particular religious political philosophy also radio station devoted speaking stirring debate controversial issues station purchased faith theological seminary propagate viewpoint heard greater philadelphia area record clear interview shows offer variety opinions broad range public issues never refused lend broadcast facilities spokesmen conflicting viewpoints commission strict rendering fairness requirements developed decision removed wxur air deprived listening public viewpoint also robust debate innumerable controversial issues beyond dispute public lost access information ideas loss taken lightly however unpopular disruptive might judge ideas footnotes omitted eastern european experience since world war ii criterion newspapers pretty much company paper huge company communist nation easiest target however seems tv input carefully controlled prime time filled tapes official meetings political speeches tedious accounts achievement workers see morgan press obedience east europe washington post may fcc order fed reg mar people need know editorial series reprinted boston globe reason act congress mar rules evidence amendments rules civil procedure rules criminal procedure sent force effect except extent congress expressly approves stat alexander bickel spurned total agnosticism allows first amendment way really knows true false evil good noxious wholesome press government adversaries without absolutes freedom issue attributes view justice holmes place least partial responsibility government determining good counsels wholesome doctrine ibid precisely mistrust evanescent narrow factional views power belief one patent truth underlay first amendment monetary burdens imposed press right criticized person reply like traditional damage remedy libel lead course respecting matters importance public first amendment denies government power impose burdens certainly onerous indirect restrictions first amendment rights struck requirement bookseller examine contents shop smith california requirement magazine publisher investigate advertisers manual enterprises day opinion harlan requirement names addresses sponsors printed handbills talley california requirement organizations supply membership lists gibson florida legislative investigation committee louisiana ex rel gremillion naacp bates city little rock naacp alabama requirement individuals disclose organizational membership shelton tucker instance held restriction unconstitutional ground discouraged chilled constitutionally protected rights speech press association justice brennan justice marshall concurs dissenting cases require us consider whether radio television broadcast licensees may approval federal communications commission refuse absolutely sell part advertising time groups individuals wishing speak controversial issues public importance practical effect broadcaster policy attack permits airing paid presentations advertise products deal noncontroversial matters relegating discussion controversial public issues formats documentaries news panel shows tightly controlled edited broadcaster holds today policy including absolute ban sale air time discussion controversial issues consistent public interest requirements communications act also holds challenged policy violate first amendment noteworthy reaching result hold insufficient governmental involvement promulgation enforcement challenged ban activate commands first amendment contrary chief justice brothers stewart rehnquist express view first amendment inapplicable case brothers white blackmun powell quite properly decide question find broadcaster policy attack violate substance first amendment similarly majority holding challenged ban violate substance first amendment although chief justice brother rehnquist purport decide question disposition governmental involvement issue necessarily renders subsequent discussion substantive question mere dictum view principle stake one fundamental importance concerns people right engage hear vigorous public debate broadcast media balancing perceive competing interests broadcasters listening viewing public individuals seeking express views electronic media conclude exclusionary policy upheld today serve inhibit rather profound national commitment principle debate public issues uninhibited robust new york times sullivan therefore affirm determination appeals challenged broadcaster policy violative first amendment command first amendment congress shall make law abridging freedom speech press face directed governmental rather private action nevertheless prior decisions make clear onduct formally private may become entwined governmental policies impregnated governmental character become subject constitutional limitations placed upon governmental action evans newton thus reach first amendment depends upon formalistic dichotomy rather upon functional considerations concerning extent governmental involvement public character particular private enterprise sifting facts weighing circumstances nonobvious involvement government private conduct attributed true significance burton wilmington parking authority see moose lodge irvis inherent complexity inquiry never attempted impossible task formulating infallible test determining instances whether particular conduct must deemed private governmental reitman mulkey see kotch pilot mean course prior experience area offers guidance purposes present inquiry contrary previous decisions focused myriad indicia governmental action many directly applicable operations broadcast industry appeals recognized general characteristics broadcast industry reveal extraordinary relationship broadcasters federal government relationship puts industry class others app specifically public nature airwaves governmentally created preferred status broadcast licensees pervasive federal regulation broadcast programming commission specific approval challenged broadcaster policy combine case bring promulgation enforcement policy within orbit constitutional imperatives outset noted radio television broadcasting utilize natural resource electromagnetic spectrum part public domain although broadcasters granted temporary use valuable resource terminable periods ownership ultimate control remain vested people thus communications act specifically provides purpose act maintain control channels interstate foreign radio transmission provide use channels ownership thereof persons limited periods time licenses granted federal authority license shall construed create right beyond terms conditions periods license second indicium governmental involvement derives direct dependence broadcasters upon federal government right operate broadcast frequencies doubt industry whole governmental regulation alone makes radio communication possible limiting number licenses overcrowd spectrum red lion broadcasting fcc moreover respect individual licensees equally clear existing broadcasters often attained present position result free market pressures rather initial government selection indeed advantages enjoyed broadcast licensees fruit preferred position conferred government ibid thus chief justice judge burger recognized broadcaster seeks granted free exclusive use limited valuable part public domain accepts franchise burdened enforceable public obligations office communication church christ fcc app along lines consistently held authority derives part government thumb scales exercise power private persons becomes closely akin respects exercise government american communications assn douds see public utilities pollak indicium governmental involvement promulgation enforcement challenged broadcaster policy may seen extensive governmental control broadcast industry true course never held actions otherwise private entity necessarily constitute governmental action entity subject regulation degree whatever moose lodge irvis supra however confronted minimal degree regulation rather elaborate statutory scheme governing virtually aspects broadcast industry indeed federal agency review guidance broadcaster conduct automatic continuing pervasive thus appeals noted lmost private business almost regulated private business intimately bound government app even important general regulatory scheme however specific governmental involvement broadcaster policy presently consideration example obvious nexus commission fairness doctrine absolute refusal broadcast licensees sell part air time groups individuals wishing speak controversial issues public importance indeed defense policy argue vigorously exclusionary policy authorized even compelled fairness doctrine recognizes repeatedly fairness doctrine communications act policies inextricably linked challenged ban thus one point suggests fairness doctrine applied editorial advertising substantial danger effective operation doctrine jeopardized ante similarly maintains light fairness doctrine simply reason allow individuals purchase advertising time expression views public issues see ante although sense agree substance propositions serve least illustrate extent commission fairness doctrine influenced development policy review moreover commission involvement challenged policy limited solely indirect effects fairness doctrine contrary decision must inevitably provide guidance future broadcaster action commission specifically considered specifically authorized flat ban see business executives move vietnam peace democratic national committee commission federal government unequivocally given imprimatur absolute ban editorial advertising course well settled specific governmental approval acquiescence challenged action private entity indicates governmental action thus mccabe atchison example dealt statute construed simply authorized rail carriers provide certain types cars white passengers without offering equal facilities blacks although dismissal complaint procedural grounds affirmed made clear statute even though purely permissive nature invalid fourteenth amendment carrier refusing equal service blacks acting matter authority state law years later explained finding governmental action mccabe nothing less considering permissive state statute authorization discriminate sufficient state action violate fourteenth amendment reitman mulkey thus ur prior decisions leave doubt action government agencies approving authorizing encouraging otherwise supporting conduct performed government violate constitution constitutes illegal governmental involvement pertinent private acts subsequently occur adickes kress opinion brennan see moose lodge irvis supra hunter erickson reitman mulkey supra evans newton robinson florida lombard louisiana peterson city greenville burton wilmington parking authority supra mccabe atchison supra finally perhaps important case virtually identical us held policy promulgated privately owned bus company franchised federal government regulated public utilities commission district columbia must subjected constraints first amendment public utilities pollak reaching result placed primary emphasis specific regulatory acquiescence challenged action bus company thus noting bus company operates service regulatory supervision public utilities commission district columbia agency authorized congress explained finding governmental action predicated specifically upon fact agency pursuant protests challenged policy ordered investigation formal public hearings ordered investigation dismissed ground public safety comfort convenience impaired thereby although chief justice joined justice stewart justice rehnquist strains valiantly distinguish pollak offers nothing proverbial distinctions without difference pollak broadcast licensees operate regulatory supervision agency authorized congress pollak agency received protests challenged policy formal consideration dismissed complaints ground public interest convenience necessity impaired policy indeed argument finding governmental action even stronger pollak case concerns incidental activity bus company rather primary activity regulated entities communication thus given confluence various indicia governmental action including public nature airwaves governmentally created preferred status broadcasters extensive government regulation broadcast programming specific governmental approval challenged policy conclude government far insinuated position participation policy absolute refusal broadcast licensees sell air time groups individuals wishing speak controversial issues public importance must subjected restraints first amendment ii radio television long recognized forms communication affected first amendment interest indeed hardly doubted broadcast licensees protected amendment red lion broadcasting fcc see paramount pictures chafee free speech recognition fact end inquiry however equally clear protection first amendment context limited solely broadcasters contrary least one set competing claims protection amendment derives fact limited number broadcast frequencies available potentially pervasive impact electronic media people whole retain interest free speech radio collective right medium function consistently ends purposes first amendment red lion broadcasting fcc supra years ago justice holmes sounded since become dominant theme applying first amendment changing problems nation ultimate good declared better reached free trade ideas best test truth power thought get accepted competition market abrams dissenting opinion see also whitney california brandeis concurring gitlow new york holmes dissenting indeed first amendment testifies profound national commitment principle debate public issues uninhibited robust amendment rests assumption widest possible dissemination information diverse antagonistic sources essential welfare public associated press free debate free exchange ideas government remains responsive people peaceful change effected terminiello chicago see also thornhill alabama palko connecticut thus explicitly recognized light unique nature electronic media public strong first amendment interests reception full spectrum views presented vigorous uninhibited manner controversial issues public importance seen traditionally thought effective way insure uninhibited robust debate fostering free trade ideas making forums communication readily available persons wishing express views although apparently conceding legitimacy principles nevertheless upholds absolute ban editorial advertising view commission fairness doctrine sufficient satisfy first amendment interests public agree fairness doctrine originated early history broadcast regulation rather set forth specific statutory provision developed gradually long series commission rulings particular cases essence doctrine imposes twofold duty upon broadcast licensees coverage issues public importance must adequate coverage must fairly reflect opposing viewpoints see red lion broadcasting fcc supra fulfilling obligations fairness doctrine however broadcast licensees virtually complete discretion subject commission general requirement licensees act reasonably good faith determine issues covered much time allocated spokesmen appear format thus fairness doctrine sense require broadcasters allow speakers use airwaves express views controversial issues public importance contrary broadcasters may meet fairness responsibilities presentation carefully edited news programs panel discussions interviews documentaries result broadcasters retain almost exclusive control selection issues viewpoints covered manner presentation perhaps important shall speak given doctrinal framework conclude fairness doctrine standing alone insufficient theory well practice provide kind uninhibited robust exchange views public constitutionally entitled practical matter reliance fairness doctrine adequate alternative editorial advertising seriously overestimates ability willingness broadcasters expose public widest possible dissemination information diverse antagonistic sources professor jaffe noted considerable possibility broadcaster exercise large amount try avoid much controversy safely indeed light strong interest broadcasters maximizing audience therefore profits seems almost naive expect majority broadcasters produce variety controversiality material necessary reflect full spectrum viewpoints stated simply angry customers good customers commercial world mass communications simply bad business espouse even allow others espouse heterodox controversial result even fairness doctrine broadcasters generally tend permit established least moderated views enter broadcast world marketplace ideas moreover reliance fairness doctrine sole means informing public seriously misconceives underestimates public interest receiving ideas information directly advocates ideas without interposition journalistic middlemen fairness doctrine broadcasters decide issues important fully cover format time style coverage appropriate retention absolute control hands government licensees inimical first amendment vigorous free debate attained members public least opportunity take initiative editorial control hands legal system reflects belief truth best illuminated collision genuine advocates fairness doctrine however accompanied absolute ban editorial advertising public compelled rely exclusively journalistic discretion broadcasters serve theory surrogate spokesmen sides issues separation advocate expression views serve diminish effectiveness expression indeed emphasized fact red lion enough hear arguments adversaries teachers presented state accompanied offer refutations way justice arguments bring real contact mind must able hear persons actually believe defend earnest utmost moreover extent broadcasters actually permit citizens appear airwaves fairness doctrine appearances subject extensive editorial control yet clear effectiveness individual expression views dependent style format presentation content relegation individual views tightly controlled formats news documentaries edited interviews panel discussions may tend minimize rather maximize effectiveness speech limited scheme editorial advertising however crucial editorial controls speaker hands cases concerned solely adequacy coverage views issues generally recognized newsworthy also stake right public receive suitable access new generally unperceived ideas opinions fairness doctrine broadcaster required present representative community views voices controversial issues public importance thus definition fairness doctrine tends perpetuate coverage views voices already established failing provide exposure public views voices novel unorthodox unrepresentative prevailing opinion finally noted fairness doctrine permits indeed requires broadcasters determine views issues sufficiently important warrant discussion briefs case illustrate type journalistic discretion licensees exercise regard thus abc suggests refuse air views considers scandalous crackpot cbs exclude issues opinions insignificant trivial similarly nbc bar speech strays beyond bounds normally accepted taste wtop protect public subjects slight parochial inappropriate genius first amendment however always defined public hear permitting speakers say wish appeals recognized traditionally thought best judge importance particular viewpoint issue individual group holding viewpoint wishing communicate others app indeed supervised ordained discussion directly contrary underlying purposes first amendment amendment presupposes right conclusions likely gathered multitude tongues kind authoritative selection thus related context explicitly recognized editorial advertisements constitute important outlet promulgation information ideas persons access media facilities unavailability editorial advertising serve shackle first amendment attempt secure widest possible dissemination information diverse antagonistic sources new york times sullivan fairness doctrine requirement full fair coverage controversial issues beyond doubt commendable indeed essential tool effective regulation broadcast industry standing alone simply eliminate need complementary airing controversial views limited availability editorial advertising indeed availability least opportunity editorial advertising imperative ever attain free general discussion public matters seems absolutely essential prepare people intelligent exercise rights citizens grosjean american press iii moreover proper balancing competing first amendment interests stake controversy must consider interests broadcasters listening viewing public also independent first amendment interest groups individuals effective see emerson toward general theory first amendment chafee free speech peech concerning public affairs essence garrison louisiana first amendment must therefore safeguard right public hear debate also right individuals participate debate attempt persuade others points view see thomas collins cf naacp button time apparently growing anonymity individual society imperative take special care preserve vital first amendment interest assuring expression individual police dept chicago mosley citizens may find greater ever need express views directly public rather governmentally appointed surrogate feel achieve least measure control destinies light considerations concede assume citizens least abstract right express views controversial issues public importance freedom speech exist abstract contrary right speak flourish allowed operate effective forum whether public park schoolroom town meeting hall soapbox radio television frequency absence effective means communication right speak ring hollow indeed recognition principles consistently held first amendment embodies abstract right free censorship also right individual utilize appropriate effective medium expression views see lloyd tanner tinker des moines independent school district amalgamated food employees union logan valley plaza brown louisiana edwards south carolina kunz new york marsh alabama jamison texas schneider state hague cio course doubt broadcast frequencies allotted various radio television licensees constitute appropriate forums discussion controversial issues public importance indeed unlike streets parks public libraries forums held appropriate exercise first amendment rights broadcast media dedicated specifically communication since expression ideas whether political commercial musical otherwise exclusive purpose broadcast spectrum seems clear adoption limited scheme editorial advertising sense divert spectrum intended use cf lloyd tanner supra amalgamated food employees union logan valley plaza supra moreover equally clear assistance federal government broadcast industry become potentially efficient effective marketplace ideas ever devised indeed electronic media today public prime source information recognized broadcast technology supplants atomized relatively informal communication mass media prime source national cohesion news red lion broadcasting fcc thus although full free discussion ideas may reality heyday political pamphleteering modern technological developments field communications made soapbox orator leafleteer virtually obsolete light current dominance electronic media effective means reaching public policy absolutely denies citizens access airwaves necessarily renders even concept full free discussion practically meaningless regrettably precisely policy upholds today since effectuation individual right speak limited scheme editorial advertising serve rather inhibit public interest receiving suitable exposure uninhibited robust debate controversial issues challenged ban upheld determined editorial advertising unjustifiably impair broadcaster assertedly overriding interest exercising absolute control frequency analysis however hardly reflects delicate balancing interests sensitive question demands indeed absolutist approach wholly disregards competing first amendment rights citizens ignores teachings recent decision red lion broadcasting fcc supra supported historical purposes underlying broadcast regulation nation prior must remembered clearly recognized broadcast spectrum part public domain result allocation frequencies left entirely private sector groups individuals therefore right access radio facilities still printed press anyone may transmit scheme however number broadcasters increased dramatically every frequency occupied least one station many occupied several result confusion chaos everybody air nobody heard national broadcasting soon became apparent broadcast frequencies constituted scarce resource whose use regulated rationalized government red lion broadcasting fcc supra thus radio act stat congress placed broadcast spectrum federal regulation sought reconcile competing uses airwaves setting aside limited number frequencies important uses radio since number frequencies allocated public broadcasting necessarily limited government compelled grant licenses applicants denying others see generally red lion broadcasting fcc supra national broadcasting supra although overriding need avoid overcrowding airwaves clearly justifies imposition ceiling number individuals permitted operate broadcast stations indeed renders idle posit unabridgeable first amendment right broadcast comparable right every individual speak write publish sense dictate continuing first amendment rights nonlicensees brushed aside entirely existing system broadcast licensees granted preferred status respect airwaves competed successfully free market rather initial government selection red lion broadcasting fcc supra return preferred status licensees must respect competing first amendment rights others thus although broadcaster clear first amendment right free government censorship expression views indeed significant interest exercising reasonable journalistic control use facilities right free speech broadcaster embrace right snuff free speech others emphasis added indeed careful consideration nature broadcast regulation country specifically declared far first amendment concerned licensed stand better licenses refused license permits broadcasting licensee constitutional right monopolize radio frequency exclusion fellow citizens say course broadcasters first amendment interest exercising journalistic supervision use facilities contrary interest indeed exist interest must weighed heavily legitimate effort balance competing first amendment interests involved case striking balance however must emphasized cases deal allocation advertising time air time broadcasters regularly relinquish others without retention significant editorial control thus concerned speech broadcasters rather right decide individuals given opportunity speak forum already opened public viewed context absolute ban editorial advertising seems particularly offensive although broadcasters refuse sell air time whatever groups individuals wishing speak controversial issues public importance make air time readily available commercial advertisers seek peddle goods services public thus system operates person wishing market particular brand beer soap toothpaste deodorant direct personal instantaneous access electronic media present message words format selects time choosing yet similar individual seeking discuss war peace pollution suffering poor denied right speak instead compelled rely beneficence corporate trustee appointed government argue case long recognized however although access public forums may subjected reasonable time place manner regulations elective exclusions public forum may based content alone police dept chicago mosley emphasis added see shuttlesworth city birmingham edwards south carolina fowler rhode island niemotko maryland saia new york course differential treatment accorded commercial controversial speech clearly violates principle moreover without irony favored treatment given commercial speech existing scheme clearly reverses traditional first amendment priorities generally understood commercial speech enjoys less first amendment protection speech directed discussion controversial issues public importance see breard alexandria valentine chrestensen first amendment values individual expression individual participation public debate central concept liberty values survive age technology essential individuals permitted least opportunity express views public issues electronic media balancing interests limited interest broadcasters exercising journalistic supervision mere allocation advertising time already made available members public simply conclude interest broadcasters must prevail iv finally raises specter administrative apocalypse justification decision today fears derive largely assumption implicit analysis appeals mandated absolute right access airwaves reality however issue cases whether absolute right access rather whether may absolute denial access difference course crucial misconception issue seriously distorts evaluation administrative difficulties invalidation absolute ban might conceivably entail specifically hypothesizes three potential sources difficulty availability editorial advertising might absence adjustments system tend favor wealthy application fairness doctrine editorial advertising might adversely affect operation doctrine regulation editorial advertising might lead enlargement government control content broadcast discussion course legitimate indeed important concerns present time concerns realities simply sure way knowing whether extent potential difficulties actually materialize bare assumption hypothetical problems inevitable insurmountable indicates utter lack confidence ability commission licensees adjust changing conditions dynamic medium sudden lack confidence course strikingly inconsistent general propositions underlying aspects approach case moreover noteworthy years ago commission declared operation station extreme principles time shall sold discussion controversial public issues inconsistent concept public interest commission recognizes good program balance may permit sale donation time may seek purposes difficult problems calling careful judgment part station management may involved deciding among applicants time accommodated however competent management able meet problems public interest fairness concerned fact places arduous task management made reason evading issue strict rule sale time programs type mentioned broadcasting considerations mind appeals confined invalidating flat ban alone leaving broad latitude commission licensees develop first instance reasonable regulations govern availability editorial advertising context cases surely wisest course follow experience administration doctrines indicates net effect reducing rather enhancing first amendment values time enough reconsider constitutional implications red lion broadcasting fcc present however time ever assertedly overriding administrative difficulties actually materialize must agree conclusion appeals although may unsettle us see antiwar message political party message accustomed place soap beer commercial must equate habitual right constitutional society already saturated commercialism well afford another outlet speech public issues may lose apathy see business executives move vietnam peace democratic national committee specifically address statutory question case practical effect considerations underlying statutory question many respects similar relevant substance constitutional claim one aspect statutory discussion however merits least brief attention upholding absolute ban sale editorial advertising relies heavily upon declares broadcasters shall deemed common carriers view reliance misplaced even cursory examination legislative history provision reveals enacted recognition fact traditional doctrines governing true common carriers transportation companies suit particular problems radio broadcasting specifically feared common carrier status broadcasters mean give time public issues cong rec dill emphasis added see also ibid broussard fess section intended solely assure broadcasters required surrender air time willing purchasers bear upon question whether may required sell reasonable limited amount air time members public discussion controversial issues see chafee government mass communications indeed commission rejected interpretation declared years ago operation station extreme principles time shall sold discussion controversial public issues inconsistent concept public interest established communications act broadcasting see generally business executives move vietnam peace dissenting opinion wherein commissioner johnson identified less eight separate indicia governmental action involved promulgation enforcement challenged broadcaster policy discussion attributes electromagnetic spectrum see generally jones regulated industries levin radio spectrum resource law econ true course unlike state burton federal government receive substantial financial compensation use public property see burton wilmington parking authority moose lodge irvis nevertheless absence financial arrangement represents practical effect government subsidization broadcasters thereby enhancing degree governmental involvement cf kalven broadcasting public policy first amendment law econ moreover burton publicly owned property surplus state property rather constitutes integral indeed indispensable part governmental scheme burton wilmington parking authority supra see also discussion fairness doctrine relevance case see text notes nn infra indeed communications act makes criminal offense operate broadcast transmitter without license see thus federal government specifically insulates licensee real threat economic competition thus communications act authorizes federal communications commission assign frequency bands allocate licenses location regulate apparatus establish service areas regulate chain ownership require keeping detailed records establish qualifications licensees suspend licenses inspect station facilities require publication call letters information make rules effect regulation radio television require television sets capable receiving signals regulate granting licenses terms thereof prescribe information supplied applicants licenses regulate transfer licenses impose sanctions licensees including revocation license require fair coverage controversial issues control operation transmitting apparatus prohibit use offensive language pursuant statutory authority see supra commission promulgated myriad regulations governing aspects licensee conduct see cfr et seq regulations affect matters hours operation multiple ownership licenses single individual station location program origination maintenance detailed logs programming operation maintenance billing practices personal attack political editorial fairness requirements relationship licensees networks permissible equipment regulations relate radio similar regulations exist fm radio et television et seq addition contends fairness doctrine challenged broadcaster policy discriminate controversial speech see ante moreover appropriateness particular forum even privately owned effective communication instances emphasized establish relevance first amendment protections see amalgamated food employees union logan valley plaza marsh alabama appeals recognized broadcast media specifically dedicated communication function foremost forum public speech important educator informed people app see also text notes nn infra concurring opinion brother stewart suggests finding governmental action context necessarily means private broadcasters government ante emphasis original view assertion reflects complete misunderstanding nature governmental involvement cases government selected persons permitted operate broadcast station extensively regulates broadcasters specifically approved challenged broadcaster policy thus commands first amendment come play private broadcasters government rather government far insinuated position participation challenged policy make government responsible effects similarly agree brother stewart suggestion finding governmental involvement simply strip broadcasters first amendment rights ibid actions purely private individual course subject constraints first amendment government implicated actions otherwise private individual individual must exercise rights due regard first amendment rights others words accommodation competing rights required balancing absolutist approach suggested brother stewart result indeed misunderstanding significance governmental involvement apparently leads brother stewart disagreement brothers white blackmun powell relationship public interest standard act first amendment values might also note contrary suggestion brother stewart finding governmental involvement case sense command similar conclusion respect newspapers indeed factors compel conclusion government involved promulgation enforcement challenged broadcaster policy simply relevance newspapers decision shall operate newspapers made free market government fiat newspaper industry extensively regulated indeed light differences electronic printed media regulation violate first amendment respect newspapers finally since regulation newspapers impossible likewise impossible government approve exclusionary policy newspapers sense approved challenged policy broadcasters new york times sullivan see also pickering board education mills alabama new doctrine long recognized variety contexts first amendment necessarily protects right receive information martin city struthers see stanley georgia time hill griswold connecticut lamont postmaster general fairness doctrine recognized implicitly approved congress amendments communications act act stat amended recognizes obligation broadcasters operate public interest afford reasonable opportunity discussion conflicting views issues public importance fairness doctrine first fully set forth report matter editorializing broadcast licensees elaborated upon applicability fairness doctrine handling controversial issues public importance fed reg statutory authority commission promulgate doctrine related regulations derives mandate commission time time public convenience interest necessity requires promulgate rules regulations prescribe restrictions conditions may necessary carry provisions act see john dempsey radio reg see also metropolitan broadcasting radio reg evening news radio reg broadcaster presents one side question wish present side fulfill fairness obligation announcing willingness broadcast opposing views volunteers see television broadcaster rejects volunteer spokesman inappropriate must seek others see richard ruff broadcaster must provide free time presentation opposing views sponsorship unavailable see cullman broadcasting radio reg applicability fairness doctrine handling controversial issues public importance supra notice inquiry handling public issues fairness doctrine public interest standards communications act see also applicability fairness doctrine handling controversial issues public importance supra report matter editorializing broadcast licensees supra thus fairness doctrine must sharply distinguished equal time requirement provides broadcaster affords air time one political candidate must make equal time available candidates office see also nicholas zapple extension equal time rule cover candidate supporters spokesmen candidates permitted purchase air time similarly fairness doctrine must confused commission personal attack political editorializing rules upheld red lion broadcasting fcc personal attack rule provides hen presentation views controversial issue public importance attack made upon honesty character integrity like personal qualities identified person licensee must notify person attacked offer opportunity respond cfr political editorializing rule provides licensee endorses candidate political office must give candidates spokesmen opportunity respond see cfr thus unlike fairness doctrine equal time personal attack political editorializing rules grant particular group individual limited right access airwaves subject journalistic supervision broadcaster associated press jaffe editorial responsibility broadcaster reflections fairness access harv rev see generally lacy freedom communications mallamud broadcast licensee fiduciary toward enforcement discretion duke jaffe supra canby first amendment right persuade access radio television rev malone broadcasting reluctant dragon first amendment right access end suppressing controversial ideas reform johnson westen twentieth century soapbox right purchase radio television time rev barron access press new first amendment right harv rev note free speech mass media rev note fair break controversial speakers limitations fairness doctrine need individual access geo rev note wasteland revisited modest attack upon fcc category system rev comment freedom speech individual right access airwaves law social order note federal communications commission fairness regulations first step towards creation right access mass media cornell rev although admitting fairness doctrine always brought public perfect indeed even consistently treatment public events issues nevertheless suggests broadcaster fails fulfill fairness obligations risk losing license ante cite single instance however sanction ever invoked broadcaster failure comply fairness doctrine indeed surprising commission acted great reluctance area intervening extreme cases broadcaster abuse see mallamud supra canby supra malone supra see also cox johnson broadcasting america fcc license renewal process oklahoma case study red lion broadcasting fcc supra quoting mill liberty mccallum ed democratic national committee emphasis added indeed failure provide adequate means groups individuals bring new issues ideas attention public explains least extent development new media convey unorthodox unpopular new ideas demonstrations testify inability secure access conventional means reaching changing public opinion bizarre unsettling nature technique demonstrator hopes arrest divert attention long enough compel public ponder message barron harv cf adderley florida douglas dissenting brief american broadcasting companies brief columbia broadcasting system brief national broadcasting company brief stations capital area tinker des moines independent school district associated press supp sdny aff see also thomas collins jackson concurring make rather novel suggestion however editorial advertising might indeed inappropriate listeners viewers constitute captive audience ante support proposition cites decisions public utilities pollak kovacs cooper pollak however explicitly rejected claim broadcasting radio programs streetcars violated first fifth amendment rights passengers wish listen programs kovacs although upheld ordinance forbidding use public streets sound trucks emit loud raucous noises ordinance concerned content speech rather offensiveness sounds however seems perfectly willing allow broadcasters continue invade privacy home commercial advertising even controversial programming fairness doctrine thus draws line solely basis content particular speech involved course consistently held content issue constitutionally protected speech may prohibited mere desire avoid discomfort unpleasantness always accompany unpopular viewpoint tinker des moines independent school district see grayned city rockford suggestion constitutionally protected speech may banned persons may find ideas expressed offensive offensive meaning first amendment indeed approximately american homes contain least one television set set turned average five hours per day see hearings subcommittee communications power house committee interstate foreign commerce statement dean burch chairman federal communications commission potential influence electronic media american thought see generally krock consent governed mendelsohn crespi polls television new politics malone reform according one study americans prefer electronic media sources information see wyekoff image candidates see also amendment sections commission rules americans depend television principal source news noted although fairness doctrine least arguably relevant public interest receiving suitable exposure uninhibited robust debate controversial issues sense relevant individual interest obtaining access airwaves purpose effective individual interest expressing views manner choosing inherently personal one never satisfied expression similar views surrogate spokesman indeed regulation radio gave discretion federal government deny right operate broadcast station see socolow law radio broadcasting warner radio television law et seq see generally national broadcasting cong rec white include course public broadcasting also amateur operation aircraft police defense navigation red lion broadcasting fcc although licensing scheme necessarily restricts first amendment rights groups individuals denied right operate broadcast station violate first amendment long recognized onflicting demands forum compel government make choices among potential users uses neutral rules allocation govern scarce communications resource per se unconstitutional police dept chicago mosley cf cox louisiana cox new hampshire schneider state context broadcasting ironic indeed first amendment aimed protecting furthering communications prevented government making radio communication possible limiting number licenses overcrowd spectrum red lion broadcasting fcc supra see thus appeals recognized normal programming time closely controlled edited broadcasters constellation constitutional interests substantially different app see police dept chicago mosley supra grayned city rockford cox louisiana supra poulos new hampshire cox new hampshire supra schneider state supra contrary assertion existence fairness doctrine sense rationalize discrimination indeed fairness doctrine wholly unresponsive need individual access airwaves purpose effective see also supra appeals however suggest certain possible contours implementation example noted broadcasters permitted place outside limit total amount editorial advertising sell reasonable regulation placement advertisements altogether proper app