Legal Opinion

Yale Broadcasting Company v. Federal Communications Commission and United States of America

Court of Appeals for the D.C. Circuit

Decided January 5, 1973No. 71-1780PublishedCited by 46 opinions

1Opinion of the Court

WILKEY, Circuit Judge:

The source of this controversy is a Notice issued by the Federal Communications Commission regarding “drug oriented” music allegedly played by some radio stations.1 This Notice and a subsequent Order, the stated purposes of which were to remind broadcasters of a pre-existing duty, required licensees to have knowledge of the content of their programming and on the basis of this knowledge to evaluate the desirability of broadcasting music dealing with drug use. Appellant, a radio station licensee, argues first that the Notice and the Order are an unconstitutional…

2Cases cited6 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Smith v. CaliforniaSupreme Court of the United States · 1960
  3. The Washington Post Company v. Eugene J. KeoghCourt of Appeals for the D.C. Circuit · 1966
  4. 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
  5. Citizens Communications Center v. Federal Communications Commission and United States of America, Hampton Roads Television Corporation and Community Broadcasting of Boston, Inc. v. Federal Communications Commission and United States of America, Wtar Radio-Tv Corporation, Rko General, Inc. (Rko) and Dudley Station Corporation, Intervenors. Citizens Communications Center v. Honorable Dean Burch, Chairman, Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1971

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3Cited by46 opinions

  1. Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
  2. Chamber of Commerce of the United States of America v. Occupational Safety and Health AdministrationCourt of Appeals for the D.C. Circuit · 1980
  3. Illinois Citizens Committee for Broadcasting v. Federal Communications Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1975
  4. ST. v. Falls Chase Spec. Taxing Dist.District Court of Appeal of Florida · 1983
  5. Writers Guild of America, West, Inc. v. Federal Communications CommissionDistrict Court, C.D. California · 1976

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