Alan F. Neckritz v. Federal Communications Commission and United States of America

Petitioner seeks review of an adverse ruling of the FCC denying his request to present an opposing view to military recruitment announcements sponsored by the U.S. Armed Services and carried by radio station KFRC-AM, San Francisco, California. Petitioner asserted that the broadcasts presented one side of a controversial issue of public importance, and that the radio station by its denial had failed to fulfill its obligations under the so-called Fairness Doctrine. See Red Lion Broadcasting Co. v. F.C.C., 395 U.S. 367 , 89 S.Ct. 1794 , 23 L.Ed.2d 371 (1969). As seen by petitioner, the controversial issue of public importance was whether it is “desirable for a young man in America today to participate in the Armed Forces.” The FCC, with Commissioner Johnson dissenting, rejected petitioner’s claim, finding that the station had acted “reasonably and in good faith.” Petitioner seeks review of this order. We affirm.

The Fairness Doctrine requires that a broadcast licensee present representative community views on controversial public issues. The licensee, in applying the doctrine, is called upon to make “reasonable judgments in good faith on the facts of each situation,” as to whether a…