FCC v. League of Women Voters of California

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Oral Argument

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Advocates

Samuel A. Alito, Jr. (Argued the cause for the appellant)

Frederic D. Woocher (Argued the cause for the appellees)

Case Basics

Docket No.:

82-912

Appellant:

League of Women Voters of California

Appellee:

Federal Communications Commission

Decided By:

Burger Court (1981-1986)

Opinion:

468 U.S. 364 (1984)

Argued:

Monday, January 16, 1984

Decided:

Monday, July 2, 1984

Issues:

First Amendment, Miscellaneous

Cite this page

The Oyez Project, FCC v. League of Women Voters of California , 468 U.S. 364 (1984)
available at: (http://oyez.org/cases/1980-1989/1983/1983_82_912)

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."

Decisions

Decision: 5 votes for League of Women Voters of California, 4 vote(s) against
Legal provision: 47 U.S.C. 399

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