Constitutional Law Keyed to Stone
Red Lion Broadcasting Co. v. FCC
The Defendant imposed a fairness doctrine on broadcasters. This fairness doctrine requires that if an attack is made upon the honesty, character or integrity of an identified person or group, during presentations of views on controversial issue of public importance, that the attacked person or group must be given notice, a transcript and reasonable opportunity to respond. The political editorializing rule requires that when in an editorial, a broadcaster endorses or opposes a political candidate, the broadcaster must notify the opposed candidate and give them reasonable opportunity to reply. The Plaintiff challenge the fairness doctrine and editorializing rule alleging that the rules abridge their freedom of speech and press. The Plaintiff contends the First Amendment of the United States Constitution (Constitution) protects their desire to use their allotted frequencies to broadcast whatever they choose and exclude whatever they choose.
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