Legal Opinion

Shurberg Broadcasting of Hartford, Inc. v. Federal Communications Commission, Astroline Communications Co., Intervenor

Court of Appeals for the D.C. Circuit

Decided June 16, 1989No. 84-1600PublishedCited by 32 opinions

1Opinion of the Court

Opinion PER CURIAM.

Separate Opinions filed by Circuit Judge SILBERMAN and Senior Circuit Judge MacKINNON.

Dissenting Opinion filed by Chief Judge WALD.

2Per curiam

The opinions by Judges Silberman and MacKinnon in some respects differ in analysis. However, both conclude that the FCC’s minority distress sale program unconstitutionally deprives Alan Shurberg and Shurberg Broadcasting of their equal protection rights under the Fifth Amendment because the program is not narrowly tailored to remedy past discrimination or to promote programming diversity. Specifically, the program unduly burdens Shur-berg, an…

3Cases cited30 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bolling v. SharpeSupreme Court of the United States · 1954
  3. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  4. Marks v. United StatesSupreme Court of the United States · 1977
  5. Crowell v. BensonSupreme Court of the United States · 1932

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4Cited by32 opinions

  1. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995
  2. Metro Broadcasting, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1990
  3. Jacob Ikperha Orhorhaghe v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  4. Gettman v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2002
  5. Jerome Thomas Lamprecht v. Federal Communications Commission, Barbara Driscoll Marmet and Dragon Communications, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1992

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