TOBACCO INSTITUTE, INC., ET AL.
v.
FEDERAL COMMUNICATIONS COMMISSION ET AL.; NATIONAL ASSOCIATION OF BROADCASTERS ET AL. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.; AMERICAN BROADCASTING COMPANIES, INC. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.; AND NATIONAL BROADCASTING CO., INC. V. FEDERAL COMMUNICATIONS COMMISSION ET AL.

U.S. | 1969-10-13
Nos. 47; No. 48; No. 49; No. 51
The Chief Justice took no part in the consideration or decision of these petitions.
396 U.S. 842 Supreme Court of the United States (1969) Negative Treatment
Cited by 47 cases

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  • …ers, as are necessary to prevent its being deceptive. Compare Miami Herald Publishing Co. v. Tornillo, 418 U. S. 241 (1974), with Banzhaf v. FCC, 132 U. S. App. D. C. 14, 405 F. 2d 1082 (1968), cert. denied sub nom. Tobacco Institute, Inc. v. FCC, 396 U. S. 842 (1969). Cf. United States v. 95 Barrels of Vinegar, 265 U. S. 438, 443 (1924) (“It is not difficult to choose statements, designs and devices which will not deceive”). They may also make inapplicable the prohibition against prior restraints. Compare…
  • …about the relative efficiency and expense of the offered service, both under current conditions and for the foreseeable future. Cf. Banzhaf v. FCC, 132 U. S. App. D. C. 14, 405 F. 2d 1082 (1968), cert. denied sub nom. Tobacco Institute, Inc. v. FCC, 396 U. S. 842 (1969).13 In the absence of a showing that more limited speech regulation would be ineffective, we cannot approve the complete suppression of Central Hudson’s advertising.14 IV Our decision today in no way disparages the national interest in energ…
  • …of this pervasive propaganda, which may be heard even if not listened to, but it may reasonably be thought greater than the impact of the written word.” Banzhaf v. FCC, 132 U. S. App. D. C. 14, 32-33, 405 F. 2d 1082, 1100-1101 (1968), cert, denied, 396 U. S. 842 (1969). It is no answer to say that because we tolerate pervasive commercial advertisements we can also live with its political counterparts. The rationale for the Court of Appeals’ decision imposing a constitutional right of access on the broadca…

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