Legal Opinion

Nick Belluso v. Turner Communications Corporation

Court of Appeals for the Fifth Circuit

Decided December 22, 1980No. 79-1799PublishedCited by 27 opinions

1Opinion of the Court

RONEY, Circuit Judge:

This appeal presents two issues which have not previously been addressed by this Court. We are asked to decide, first, whether a gubernatorial candidate who is denied the use of broadcast facilities in violation of the equal opportunity provisions of the Federal Communications Act (Act), 47 U.S.C.A. § 315(a), has an implied private cause of action for damages under the statute and, second, whether such a denial of access to the broadcast media constitutes an actionable violation of the First Amendment. Because both inquiries must be answered negatively, we affirm the…

2Cases cited34 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  5. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979

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3Cited by27 opinions

  1. Glen Kermit Till and Bettie F. Till v. Unifirst Federal Savings and Loan Association and Wortman & Mann, Inc.Court of Appeals for the First Circuit · 1981
  2. United States v. Jose Luis Castro, Alberto Duque, Gaston Pereira, Jaime Bayon, DefendantsCourt of Appeals for the Eleventh Circuit · 1988
  3. Dickinson v. Cosmos Broadcasting Co., Inc.Supreme Court of Alabama · 2000
  4. Garry Deyoung v. Larry G. Patten, Executive Director John C. White, Program Director Iowa Public Television Dean Borg Iowa Public Broadcasting NetworkCourt of Appeals for the Eighth Circuit · 1990
  5. United States v. Parish of St. BernardCourt of Appeals for the Fifth Circuit · 1985

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