Paul Kuczo, Jr. And John J. P. Nocerino v. Western Connecticut Broadcasting Co. And Kingsley Gillespie, and Julian Schwartz

MESKILL, Circuit Judge:

In 1969, three candidates campaigned for election to the office of Mayor of the City of Stamford, Connecticut: Julius Wilensky, a Republican; Paul Kuczo, a Democrat; and John J. P. Nocerino, of the Fusion Party. All three ran paid political broadcasts on the only radio stations licensed in Stamford, WSTC and WSTC(FM).

Both stations were then operated by the Western Connecticut Broadcasting Company (“Western”) pursuant to licenses from the Federal Communications Commission (“FCC”). Since 1946, Kingsley Gillespie has been the President, Treasurer and a director of Western;…