NAB Legal Guide to Broadcast Law and Regulation, 6th Edition

Appendix 25C Red Lion Broadcasting Co., Inc. v. FCC

395 U.S. 367 (1969)

The Case

For many years the fairness doctrine required broadcasters to afford reasonable opportunity for the discussion of conflicting views on issues of public importance. In 1967, the FCC codified in its regulations two aspects of the fairness doctrine relating to personal attacks in the context of controversial public issues and to political editorializing. The two cases before the Supreme Court in Red Lion challenged the statutory and constitutional bases of the doctrine and component rules.

The Supreme Court held the regulations at issue to be authorized under the 1934 Communications Act and constitutional. In finding the fairness doctrine and component rules ...