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CBS, Inc. v. FCC

CBS, Inc. v. Federal Communications Commission
Argued March 3, 1981
Decided July 1, 1981
Full case nameColumbia Broadcasting System, Incorporated, et al., Appellants v. Federal Communications Commission, et al.
Citations453 U.S. 367 (more)
Case history
Prior202 U.S. App. D.C. 369, 629 F.2d 1, affirmed
Holding
Section 312 (a) (7) created an affirmative, promptly enforceable right of reasonable access to the use of broadcast stations for individual candidates seeking federal elective office, which went beyond merely codifying prior FCC policies developed under the public interest standard.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityBurger, joined by Brennan, Stewart, Marshall, Blackmun, Powell
DissentWhite, joined by Rehnquist, Stevens
DissentStevens

CBS, Inc. v. FCC, 453 U.S. 367 (1981), is a United States Supreme Court decision finding that the Federal Communications Act of 1934 created a new, individual right to broadcast access for candidates for federal office.[1] Under this decision broadcast media were found to have an obligation to allow any legally qualified federal candidate running for public office to purchase network time under section 312(a)(7) of the 1976 amendment to the Communications Act.[2]

  1. ^ Zelezny, Jogn (2011). Cases in Communication Law. Wadsworth Cengage Learning. p. 221.
  2. ^ Seide, Rochelle K. (2015). "Federal Communications Commission, Administrative Law, CBS, Inc. v. FCC". Akron Law Review.

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