Legal Opinion

Authority of the Federal Communications Commission to Deny a Broadcast License to a Newspaper Owner

Department of Justice Office of Legal Counsel

Decided January 6, 1937Published

1Opinion of the Court

Authority of the Federal Communications Commission to Deny a Broadcast License to a Newspaper Owner The Federal Communications Commission does not have authority under the Communications Act of 1934 to refuse to grant broadcasting licenses on the ground that the ownership of the proposed facilities is in, or in common with, a newspaper. It is doubtful that Congress has the power to broaden the Act to provide the FCC with such authority. Such a provision would not violate the First Amendment clauses protecting the freedom of speech and of the press, but it would probably be held arbitrary and…

2Cases cited25 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Dent v. West VirginiaSupreme Court of the United States · 1889
  3. Carter v. Carter Coal Co.Supreme Court of the United States · 1936
  4. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
  5. Federal Communications Commission v. National Citizens Committee for BroadcastingSupreme Court of the United States · 1978

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