American Security Council Education Foundation v. Federal Communications Commission and United States of America, Cbs Inc., Intervenor

We would reverse the Commission’s order as an abuse of discretion.

The fairness doctrine requires that broadcasters afford a reasonable opportunity for the presentation of contrasting views on controversial issues of public importance.1 Although the fairness doctrine has been upheld by the Supreme Court2 and been given statutory recognition by Congress,3 “important constitutional questions continue to haunt this area of the law.”4 We would have thought that none of these questions is presented here, for in this case we confront not the merits of ASCEF’s fairness complaint, but rather the…