Legal Opinion

Muir v. Alabama Educational Television Commission

Court of Appeals for the Fifth Circuit

Decided October 15, 1982No. Nos. 80-7546, 81-2011PublishedCited by 18 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

I. Introduction

The two appeals before this Court on consolidated rehearing raise the important and novel question of whether individual viewers of public television stations, licensed by the Fedéral Communications Commission to state instrumentalities, have a First Amendment right to compel the licensees to broadcast a previously scheduled program which the licensees have decided to cancel. For the reasons stated below we find that the viewers do not have such a right.

Both cases before us concern the decisions of the licensees not to broadcast the program “Death…

2Cases cited49 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. Stone v. PowellSupreme Court of the United States · 1976

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3Cited by18 opinions

  1. Cinevision Corp. v. City of BurbankCourt of Appeals for the Ninth Circuit · 1984
  2. Pacific and Southern Company, Inc., D/B/A Wxia-Tv, Cross v. Carol Duncan, D/B/A Tv News Clips, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1984
  3. Little v. City of North MiamiCourt of Appeals for the Eleventh Circuit · 1986
  4. Little v. City of North MiamiCourt of Appeals for the Eleventh Circuit · 1986
  5. Environmental Defense Center, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003

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