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FindLaw: Practice Areas: Communications Law: Cases
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Communications Law: Cases
- FCC v. Pacifica Foundation, 438 U.S. 726 (1978) Judgment for a radio station that broadcast George Carlin's "Filthy Words" monologue is reversed. The Court held that, of all forms of communication, broadcasting has the most limited First Amendment protection.
- Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974) Florida's "right of reply" statute violates the First Amendment's guarantee of a free press because of its intrusion into the function of editors in choosing what material goes into a newspaper and in deciding on the size and content of the paper and the treatment of public issues and officials.
- Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969) In a suit regarding the fairness doctrine in broadcasting, judgment on appeal for broadcaster is reversed where the history of the fairness doctrine and of related legislation shows that the FCC's action in the Red Lion case did not exceed its authority, and the fairness doctrine and its specific manifestations in the personal attack and political editorial rules do not violate the First Amendment.
- Reno v. Am. Civil Liberties Union, 117 S.Ct. 2329 (1997) Held that the Communication Decency Act's "indecent transmission" and "patently offensive display" provisions abridge "the freedom of speech" protected by the First Amendment.
- Sable Communications of Cal., Inc. v. FCC, 492 U.S. 115 (1989) Denial of an injunction against enforcement of a ban on obscene telephone messages is affirmed where the Court rejected the argument that the statute was unconstitutional because it created a national standard of obscenity. Grant of injunction against ban on indecent telephone messages is affirmed where the ban violates the First Amendment since the statute's denial of adult access to such messages far exceeds that which is necessary to serve the compelling interest of preventing minors from being exposed to the messages.
- Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622 (1994) The Supreme Court held that "must-carry" rules for cable broadcasters were subject to intermediate scrutiny, and that they are sufficiently tailored to serve the important governmental interest in the preservation of local broadcasting.
- US v. Southwestern Cable Co., 392 U.S. 157 (1968) The FCC has broad authority over "all interstate and foreign communication by wire or radio," which includes CATV systems as they are encompassed within the term "communication by wire or radio," and there is no doubt they are engaged in interstate communication.
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