News America Publishing, Inc. v. Federal Communications Commission, the Committee for Media Diversity, Wilbert A. Tatum, Intervenors

SPOTTSWOOD W. ROBINSON, III, Circuit Judge,

dissenting:

A congressional focus as narrow as that indicated by the Hollings Amendment1 naturally arouses suspicions, about its legal propriety and counsels a reviewing court to examine it closely. Nonetheless, under our constitutional scheme, the Amendment is entitled to even-handed testing under the standard of review appropriate.2 My colleagues, purporting to subject the Amendment to a level of scrutiny characterized as something more than minimum rationality,3 strike the law down.4 I believe, however, that if that standard were properly applied,…