Free Speech

Case - 436 U.S. 775

Parties: FCC v. National Citizens Committee for Broadcasting

Date: 1978-06-12

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Opinions:

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Paragraph: 36 - More importantly, in the cases relied on by those petitioners, unlike the instant case, denial of a benefit had the effect of abridging freedom of expression, since the denial was based solely on the content of constitutionally protected speech; in Speiser veterans were deprived of a special property-tax exemption if they declined to subscribe to a loyalty oath, while in Elrod certain public employees were discharged or threatened with discharge because of their political affiliation. As we wrote in National Broadcasting, supra, N102* "the issue before us would be wholly different" if "the Commission [were] to choose among applicants upon the basis of their political, economic or social views." 319 U.S., at 226, 63 S.Ct., at 1014. Here the regulations are not content related; moreover, their purpose and effect is to promote free speech, not to restrict it.

Notes:

  • N102* / quote / endorsement / Q0051 /

Preferred Terms:

  • (reg) issuing broadcast licenses

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Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1970s/19780612.436.US.775.xml&keyword1= speech protected speech&wordsBefore=&wordsAfter=#m1

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