C.B.S. Inc. v. Democratic Nat'l Committee

412 U.S. 94 (1973)

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Nature of the Case

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Facts

A Washington, D.C. television radio broadcaster, a licensee of CBS, refused requests from the Democratic National Committee (DNC) and the Business Executives Move for Vietnam Peace to broadcast editorial type advertisements concerning their positions on the United States involved in the Vietnam War. The organizations contended that the radio broadcaster had previously aired views of various public interest organizations but failed to present any empirical evidence to support this claim. The DNC intended not only to broadcast an editorial view on the Vietnam War but also, to solicit funds. The DNC asserted that the broadcaster had a duty to broadcast its message because DNC was a responsible organization and the failure to provide it this opportunity would impair its mission. This dispute was reviewed by the Federal Communications Commission. The FCC upheld the radio broadcaster’s decision, holding that Respondents get no credit for being responsible organizations to receive access to broadcast when the communications entity complied with the Fairness Doctrine. The appeals court reversed the FCC decision. The U.S. Supreme Court reversed in favor to uphold the broadcaster’s decision.