Facts of the Case

The Public Broadcasting Act of 1967 allocated federal funds to noncommercial television and radio stations to support operations and educational programming. The act did not allow stations receiving money under the act to "engage in editorializing."

Question

Did the ban on editorializing violate the First Amendment?

Conclusion

Yes. Even though the Commerce Clause gives Congress the power to regulate the broadcast medium, "since broadcasters are engaged in a vital and independent form of communicative activity," Congress must use the First Amendment to "inform and give shape" to its regulation. Justice Brennan argued that no legitimate government interest was served by the law which broadly banned all editorializing, a form of speech which "lies at the heart of First Amendment protection."