Find Court Cases > FCC v. League of Women Voters of California

FCC v. League of Women Voters of California

Case Date: 01/16/1984
Docket No: none

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?

Argument FCC v. League of Women Voters of California - Oral ArgumentFull Transcript Text  Download MP3 Conclusion  Decision: 5 votes for League of Women Voters of California, 4 vote(s) against Legal provision: 47 U.S.C. 399

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."