National Broadcasting Company, Inc. v. Federal Communications Commission and the United States of America, Accuracy in Media, Inc., Intervenor

BAZELON, Chief Judge,

dissenting from the order vacating the previous order granting rehearing en banc:

For better or worse, the propriety of some governmental intervention into broadcast journalism under the Fairness Doctrine has been declared constitutional and there seems to be no serious effort under way to reconsider the assumptions of that declaration. This case, however, stirs large questions concerning the administration of the Fairness Doctrine now that some governmental intervention has been authorized. The court I think has attempted to find a path through the existing body of…