The Supreme Court’s recent denial of a cert petition for...
The Supreme Court’s recent denial of a cert petition for Minority Television Project’s case against the FCC (CD Dec 3 p4) means broadcasters “will continue to bear the second-class First Amendment status to which they have been officially subjected for…
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nearly 50 years,” said Fletcher Heald litigator Jon Markman on the firm’s blog (http://bit.ly/1ooZS9c). That status stems from the 1969 Red Lion decision, which upheld the FCC’s fairness doctrine, Markman said. The 9th U.S. Circuit Court of Appeals had ruled en banc against MTP that FCC rules barring non-commercial stations from airing commercials don’t violate the First Amendment because of the broadcasters’ special status under the amendment, Markman said. Though MTP sought cert from the high court for an appeal, “the Supremes declined to take the bait,” he said. “As is customary, no reason was given.” Supreme Court Justices Clarence Thomas and Ruth Bader Ginsberg indicated in past decisions that they believed Red Lion, which hinged on the singular power of broadcast TV, no longer applied, Markman said. “There was cause for optimism that the Supreme Court would be willing to review the case and, possibly, overrule Red Lion.”