| CBS, Inc. v. Federal Communications Commission | |
|---|---|
 | |
| Argued March 3, 1981 Decided July 1, 1981 | |
| Full case name | Columbia Broadcasting System, Incorporated, et al., Appellants v. Federal Communications Commission, et al. |
| Citations | 453U.S.367 (more) |
| Case history | |
| Prior | 202 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 | |
| |
| Case opinions | |
| Majority | Burger, joined by Brennan, Stewart, Marshall, Blackmun, Powell |
| Dissent | White, joined by Rehnquist, Stevens |
| Dissent | Stevens |
CBS, Inc. v. FCC,453 U.S. 367 (1981), is aUnited States Supreme Court decision finding that theFederal Communications Act of 1934 created a new, individual right to broadcast access for candidates for federal office.[1] Under this decisionbroadcast 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]
Since the overuse of broadcast frequencies can cause signal interference broadcasting has been regulated since its infancy under theRadio Act of 1927. Regulation was grounded in fears that signal interference could limit the development ofradio leading tomedia concentration. The Communications Act of 1934 tried to balance the regulatory goal of using public airwaves to further thepublic interest againstfreedom of the press. Under the Campaign Communications Reform Act of 1971 the 1934 law was amended to allow for the revocation ofbroadcast licenses in cases candidates for federal office were denied reasonable access to the airwaves.[3]
After the three major broadcasting networks denied theCarter-Mondale Presidential Committee (CMPC) the purchase of air time for campaign purposes the FCC determined that the networks had failed to meet the requirements imposed by section 312(a)(7) of the Communications Act. The networks filed forjudicial review of the FCC's determination. The FCC orders were upheld by the DC Court of Appeals.[2]
The Supreme Court found that the right of access as provided for in section 312(a)(7) of the Communications Act did not violate broadcasters' first amendment rights. They held that the statute created a special right of access to broadcast media for federal candidates.[2]
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