·         “Let the decision stand”:

o   If the precedent is the same, the punishment is the same

o   The ruling or the judgment should be consistent from past circumstances

* memorize spelling * - a pleas that asks the court to hear the case; facts, arguments, transcripts of lower court rulings, and precedents about the case are in the writ; based on the writ they decide if they want to hear the case; you need 4 justices to decide to “grant cert”; if denied cert they don’t have to provide a reason

o   If they decide to hear the case they “grant cert”, if they do not want to they “deny cert”

o   (1^st) Common law is also unwritten law that are based on the customs of the practice of the people

o   (2^nd) Law of Equity or Fairness – a judge issues an order without benefit of a journey based on what he or she feels is fair. This means there is no precedent for the judge to fall back on. One special case (below)

o   (3^rd) Statutory Law – the statues that are published & compiled after volume. Made by Legislature.

o   (4^th) Constitutional Law – the interpretation of federal & state constitutions by the courts. Lower level courts, Trial/District/Local Courts. If you want to appeal, you will proceed to a midlevel court, an appellate court. They decide to uphold the previous ruling. You could take the case up to the next level, Supreme Court.

o   (5^th) Administrative Law – those made by federal or state agencies. Ex. Consumer Protection Board (state level FCC). Subject to view by the courts, judicial review.

o   (6^th) Law by Executive Order – decisions made by an executive body (president, governor, mayor, etc.). Can be revoked by an successor

o   If the precedent is the same, the punishment is the same

o   The ruling or the judgment should be consistent from past circumstances

o   Written docs presented to parties in a suit. Contains the facts and arguments used by the lawyers. May contain the precedents

o   A case in which the judge feels lessens the dignity or demeanor of the court. Embarrassing the court

o   Anything that lessens the demeanor of the court

o   Direct contempt: takes place in the courtroom.

o   Indirect contempt: outside of courtroom

Administrative Law Judge; functions like a regular court judge but there is no jury present at the hearing and the issues are determined by the FCC

4 basic criteria when they are deciding to grant cert or not:

o   Imported point of law

o   Right issue (has gone through different courts)

o   Problem that the lower courts cant resolve

o   Issues that need a final resolution

 A vote, but the opinion that is created is not issued under the name of any justice. An opinion of the court.

·         Carrying 50 passengers or more, Had to have a radio that would receive the coded signals, had to have a trained operator, sending and receiving 100 miles out. Doesn’t go into effect until 1911

o   EX: The Titanic disaster leads an enactment of new laws that are designed to improve new methods of communications

·         Used to be Public Law 238;

o   Coming largely from the Titanic disaster

o   New legislation requires that there had to be auxiliary power supply on ships now, has to be in diff. location not with main battery and transmitters

o   Had to be TWO operators on duty while ship was in motion

o   Made it illegal to operate without a radio station license from the secretary of commerce

o   It creates the federal radio commission & gives the FRC the authority to manage the spectrum and allocate frequencies

o   Now they give the authority directly to radio of commission

o   Establishes the principal, the spectrum is a public resource

o   Created through the Radio Act of 1927

o   Five member commission that remained in power yearly

o   Provides authority to manage frequencies

o   Superseded by the Communications Act of 1934, which created FCC

o   Section 315 (Equal Time Clause) says the FCC has a no censorship power

o   Section 326: nothing can be fixed to give the Commission power to censor broadcast communications; no regulation/condition should be fixed that should interfere with free speech

·         stands for “Public Inconvenience and Necessity” Clause

o   Incorporated into the Radio Act of 1927 to become operational standard for broadcast licensees

o   Those who serve with public interest deserve a license

o   Important because it rules in favor of the community and public interest

o   Source of controversy

o   Broadcast has a problem with diversity

o   PICON is the touchstone of FCC authority

o   The Blue Book (1946, for reporters to discuss public interest) forces the FCC into a balancing act, on one hand enforcing PICON w/o being too intrusive into what broadcasters are putting on the air or being too prescriptive (not setting out an extensive list of what broadcasters had to do)

o   The abolition of the Fairness Doctrine sparked controversy for future interpretation of PICON

·         A scarce resource because you are obligated to use it in the public interest; can be used a justification for the interest public standard; In the Red Lion case the court relied on this to make their decision because of the small # of broadcast channels, those granted a license must operate in the public interest

o   Zenith felt restricted of broadcast time since they had to share their frequency; requesting their own frequency, got denied, but operated anyways, found that the Radio Act of 1912 did not give Dept. of Commerce authority to regulate radio

o   1926, President Coolidge instructs Congress to act

o   Make all broadcasting government owned

o   Gov’t regulation & allegation of gov’t resources

o   The public owns the airwaves

o   Congress must establish regulatory procedures to be applied to radio

o   By 1927, Congress passed Radio Act of 1927 to do just that

o   Hoover acts as a “traffic cop of the air” & attempt to reduce overcrowding of airwaves, meaning he would exceed his authority, denies him power to regulate radio

o   Does not really have the power to refuse a license to anybody who had sought one and been denied by previous legislation

o   The ruling says he could mandate that the stations select frequencies that result in the least possible interference

o   BROADCAST

o   KFKB station ran by Dr. John Brinkley in Kansas (1923/24)

o   Did paid medical diagnosis, prescriptions and advice over the air

o   Owned pharmacy, skilled NON-HUMAN surgeon, NOT REAL DOCTOR

o   FRC revoked his license & denied renewal b/c it did not operate in public interest

o   FRC denied that is had exceeded its jurisdiction and engaged in censorship à court agreed

o   BROADCAST???

o   KGEF of LA organized by Reverend Dr. Shuler (1932)

o   Used broadcast to attack religious and political figures, corruption of the city, and racist remarks

o   Although he made a lot of accurate allegations, the FRC ordered him off the air & did not renew his license because he was not operated in public interest

o   Court upholds FRC ruling

o   FRC has authority to shut down abusive, defamatory broadcasts

o   Looking forward to the future

o   Incorporates radio, telephone, telecom, (looks forward to) television [at this time was not created, experimental]

o   Act creates the FCC (a permanent regulatory agency)

o   “Public interest, convenience, and necessity” is represented but a source of controversy

o   Case in which a broadcaster criticizes an author’s works on air & does not allow for him to express his retaliated opinion

o   Court rules in favor of the FCC & says they are allowed to exercise their first amendment right, cannot regulate censorship on air

o   Newspapers and magazine are legally free to publish any material that had not been judged obscene by the court

o   WXUR operated by Reverend Carl McIntire stating he would provide expression of opposing viewpoints to the community but failed to do so

o   He also made anti-Semitic remarks and other personal attacks

o   (1972) Court upholds the Commission’s decision to deny renewal based on Fairness Doctrine violations and lack of candor (open honesty)

o   Aspect of the Fairness Doctrine that the FCC allowed for & mandated response time for an individual or group attacked that occurred during the original broadcast

·         stands for Telecommunications Research and Action Center

o   Required broadcasters to “afford reasonable opportunity for the discussion of conflicting views on issues of public importance”

o   Played an important part in the fault/end of the Fairness Doctrine

o   Meredith: FCC rules that Meredith violated Fairness Doctrine by presenting a series of commercial discussing a proposed nuclear power plant à failed to present balanced coverage of differing view points

o   Court/FCC reverses its decision & says the Fairness Doctrine no longer is in “public interest”

o   Syracuse Peace Council: issues an opinion supporting the FCC’s refusal to enforce the Fairness Doctrine

o   Because of this the bill called Fairness in Broadcasting Act of 1987 was implemented to codify the doctrine à vetoed by President Reagan 

AM Stations = longer distances, 150 miles

Ex. 10 KHz

810 ~ 820

FM Stations = travel at curvature, 90 miles

Ex. 200 KHz

92.1 ~ 92.3