NAB Legal Guide to Broadcast Law and Regulation, 6th Edition

Appendix 25D Columbia Broadcasting System, Inc. v. Democratic National Committee

412 U.S. 94 (1973)

The Case

Organizations wanting to purchase time on broadcast stations to air editorials challenged two FCC rulings that broadcasters who meet their public obligations to provide full and fair coverage of public issues are not required to accept editorial advertisements. Following lower court proceedings, the Supreme Court upheld the FCC, concluding that neither the Communications Act of 1934 nor the First Amendment required broadcasters to accept paid editorial advertisements.

In reaching its decision, the Court noted broadcasters’ responsibility under the Fairness Doctrine to provide the public with a “balanced presentation of information ...