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FCC v. Prometheus Radio Project

FCC v. Prometheus Radio Project
Argued January 19, 2021
Decided April 1, 2021
Full case nameFederal Communications Commission, et al., v. Prometheus Radio Project, et al.
Docket nos.19-1231
19-1241
Citations592 U.S. ___ (more)
ArgumentOral argument
Case history
Prior
  • Prometheus Radio Project v. FCC (Prometheus I) 373 F.3d 372 (3d Cir. 2004), cert. denied 545 U.S. 1123 (2005)
  • Prometheus Radio Project v. FCC (Prometheus II) 652 F.3d 431 (3d Cir. 2011), cert. denied, 567 U.S. 951 (2012)
  • Prometheus Radio Project v. FCC (Prometheus III) 824 F.3d 33 (3d Cir. 2016)
  • Prometheus Radio Project v. FCC (Prometheus IV) 939 F.3d 567 (3d Cir. 2019), cert. accepted 592 U.S. ___ (2020)
Holding
The FCC’s decision to repeal or modify the three ownership rules was not arbitrary and capricious for purposes of the APA
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityKavanaugh, joined by unanimous
ConcurrenceThomas

Federal Communications Commission v. Prometheus Radio Project, 592 U.S. ___ (2021), was a United States Supreme Court case dealing with media ownership rules that the Federal Communications Commission (FCC) can set under the Telecommunications Act of 1996. The case dates back to the Third Circuit rulings from 2002 that have blocked FCC decisions to relax media ownership rules related to cross-ownership of newspapers with television and radio broadcast stations. In the present case, the Supreme Court ruled unanimously in April 2021 that the FCC had not made arbitrary and capricious rulemaking decisions in the context of the Administrative Procedure Act, nor had the requirement to review minority ownership of stations under Congressional mandate as stated in the Third Circuit's ruling, reversing this last ruling and allowing the FCC to proceed to relax cross-media ownership rules.


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