RED LION BROADCASTING CO., INC., ET AL. v. FEDERAL COMMUNICATIONS
COMMISSION ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 2.
Argued April 2-3, 1969.
Decided June 9, 1969.

Find Law, for Legal Professionals, reports the details of RED LION BROADCASTING CO. v. FCC, "The Red Lion Broadcasting Company is licensed to operate a Pennsylvania radio station, WGCB. On November 27, 1964, WGCB carried a 15-minute broadcast by the Reverend Billy James Hargis as part of a "Christian Crusade" series. A book by Fred J. Cook entitled "Goldwater - Extremist on the Right" was discussed by Hargis, who said that Cook had been fired by a newspaper for making false charges against city officials; that Cook had then worked for a Communist-affiliated publication; that he had defended Alger Hiss and attacked J. Edgar Hoover and the Central Intelligence Agency; and that he had now written a "book to smear and destroy Barry Goldwater."[note 2] When Cook heard of the broadcast he [372] concluded that he had been personally attacked and demanded free reply time, which the station refused. After an exchange of letters among Cook, Red Lion, and the FCC, the FCC declared that the Hargis broadcast constituted a personal attack on Cook; that RED LION BROADCASTING CO. v. FCC, 395 U.S. 367 (1969) , to send a tape, transcript, or summary of the broadcast to Cook and offer him reply time; and that the station must provide reply time whether or not Cook would pay for it. On review in the Court of Appeals for the District of Columbia Circuit,[note 3] the [373] FCC's position was upheld as constitutional and otherwise proper. 127 U.S. App. D.C. 129, 381 F.2d 908 (1967).

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