Writers Guild Of America, West, Inc. v. American Broadcasting Cos

609 F.2d 255 (9th Cir.), cert. denied, 449 U.S. 824 (1980)

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Nature of the Case

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Facts

The Writers Guild of America (P) and others instituted actions against the FCC, its commissioners and three major broadcast networks for adopting a Family Viewing Policy. There was a concern in Congress to protect children from excessive violence and obscenity on television. Congress urged the Commission to formulate a plan and proceed vigorously to determine what power it had in this area. The Chairman of the FCC decided that he could jawbone the networks into adopting a self-regulation policy. This policy proceeded on its course with threats of government action if self-regulation did not work. Private meetings were held, public speeches were made and eventually it was understood that each network would send the FCC a statement of its current standards. In a public relations bonanza, the networks proceeded to out announce each other on the public policies regarding children and its prime time policies and procedures. More meetings were held without public scrutiny and on January 1975, the NAB Television Board of Directors met and passed a resolution adopting the ad hoc policies created. The Review Board met and proposed an amendment to the NAB Television Code embracing the family viewing hour policy; that policy was adopted. P sued for numerous violations including First Amendment issues, and APA violations. The district court sided with P on many of the issues and Ds appealed.