Smothers

OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

This matter arises upon the Plaintiffs’ complaint for damages and an injunction for alleged violation of Federal Constitutional rights. Plaintiffs have attempted to maintain the action by claims for relief under the First and Fifth Amendments to the United States Constitution and under the Federal Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq., as a Federal question case, 28 U.S.C. § 1331 , alleging that Defendant CBS’s conduct abridged and denied the Smothers Brothers’ freedom of speech and press; restrained their right to present entertaining and informative programs and in doing so deprived them of liberty and property without due process of law; denied the Smothers Brothers equal protection of the laws; denied them access to the airways controlled by CBS; and curtailed the public’s right to know and choose between various ideas and entertainment. Plaintiffs seek $1,-000,000 for alleged injuries, an additional $2,000,000 in punitive damages, and a permanent injunction against CBS preventing it from censoring any entertainment programs whatsoever, and not just the Smothers Brothers’ shows, no matter what…