Legal Opinion

Banzhaf v. Federal Communications Commission

Court of Appeals for the D.C. Circuit

Decided November 21, 1968No. Nos. 21285, 21525, 21526, 21577PublishedCited by 9 opinions

1Opinion of the Court

BAZELON, Chief Judge:

In these appeals we affirm a ruling of the Federal Communications Commission requiring radio and television stations which carry cigarette advertising to devote a significant amount of broadcast time to presenting the case against cigarette smoking. This holding rests on negative answers to the following principal questions:

(I) whether in the Cigarette Labeling Act of 1965 Congress preempted the field of regulation addressed to the health problem posed by cigarette smoking so as to deny the FCC any authority it otherwise had to issue its cigarette ruling (infra, pp.…

2Cases cited29 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Roth v. United StatesSupreme Court of the United States · 1957
  4. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

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3Cited by9 opinions

  1. John F. Banzhaf, III v. Federal Communications Commission and United States of America, Wtrf-Tv, Inc. And National Association of Broadcasters, American Broadcasting Companies, Inc., the Tobacco Institute, Inc., the American Tobacco Company, Brown & Williamson Tobacco Corp., Larus & Brother Co., Inc., Liggett & Myers Tobacco Co., Philip Morris, Inc., R. J. Reynolds Tobacco Co., United States Tobacco Co., P. Lorillard Co., Intervenors. Wtrf-Tv, Inc. And National Association of Broadcasters v. Federal Communications Commission and United States of America, Heart Disease Research Foundation, Intervenors. The Tobacco Institute, Incorporated v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1968
  2. Capital Broadcasting Company v. MitchellDistrict Court, District of Columbia · 1971
  3. Morgan v. City of DetroitDistrict Court, E.D. Michigan · 1975
  4. United States v. MosesDistrict of Columbia Court of Appeals · 1975
  5. Concerned Consumers League v. O'NEILLDistrict Court, E.D. Wisconsin · 1974

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