Citizens Committee To Keep Progressive Rock v. Federal Communications Commission’s Empirical Analysis
478 F.2d 926 · 1973
Citation profile
20 federal appellate ·
Relationships
Applies 28 U.S.C. § 294 · 47 U.S.C. § 309 (Digital Television Transition and Public Safety Act of 2005)
Relies on Eaton v. Hobson · West Michigan Telecasters, Inc. v. Federal Communications Commission · Southwestern Operating Co. v. Federal Communications Commission · Anti-Defamation League Of B'nai B'rith v. Fcc · Citizens Committee v. Federal Communications Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Admittedly, the scope of our review is quite narrow; we defer to the expertise and experience of the Commission within its field of specialty and' would reverse only where the Commission’s position is arbitrary, capricious or unreasonable. And it is clear that the decision of when hearings are necessary or desirable to clarify issues is one which lies in the first instance with the Commission. (Citations omitted.)”
2 later decisions quote this exact passage · from the majority“The Commission’s point of departure seems to be that, if the programming contemplated by intervenor is shown to be favored by a significant number of the residents of Atlanta, then a determination to use that format is a judgment for the broadcaster to make, and not the Commission. Thus, so the argument proceeds, since only some 16% of the residents of Atlanta appear to prefer classical music, there can be no question that the public interest is served if the much larger number remaining are given what they say they like best. In a democracy like ours this might, of course, make perfect sense if there were only one radio channel available to Atlanta. Its rationality becomes less plain when it is remembered that there are some 20 such channels, all owned by the people as a whole, classics lovers and rock enthusiasts alike. The “public interest, convenience, and necessity” can be served in the one case in a way that it cannot be in the other, since it is surely in the public interest, as that was conceived of by a Congress representative of all the people, for all major aspects of contemporary culture to be accommodated by the commonly-owned public resources whenever that is technically and economically feasible.”
1 later decision quote this exact passage · from the majority“Naturally the length of time that a specific format has been on the air is a factor to be considered in the ultimate public interest determination, for it can have a direct bearing on the degree of attachment which the public has to the unique format. (Emphasis added).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.