Federal Communications Commission v. American Broadcasting Co., Inc. (347 U.S. 284)
U.S. Supreme Court · decided April 5, 1954 · Supreme Court Database (Spaeth)
- Citation
- 347 U.S. 284 · 74 S. Ct. 593
- Docket
- No. 117
- Argued
- February 1, 1954
- Decided
- April 5, 1954
- Term
- October Term 1953
- Vote
- 8–0
- Majority author
- Justice Warren
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Warren (wrote), Justice Black, Justice Clark, Justice Frankfurter, Justice Burton, Justice Reed, Justice Minton, Justice R. H. Jackson
Opinion excerpt
Mr. Chief Justice Warren delivered the opinion of the Court. These cases are before us on direct appeal from the decision of a three-judge District Court in the Southern District of New York, enjoining the Federal Communications Commission from enforcing certain provisions in its rules relating to the broadcasting of so-called “giveaway” programs. The question presented is whether the enjoined provisions correctly interpret § 1304 of the United States Criminal Code, formerly § 316 of the Communications Act of 1934. This statute prohibits the broadcasting of “. . . any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance . ...” The appellees are national radio and television broadcasting companies. They are, in addition, the operators of radio and television stations licensed by the Commission. Each of the appellees broadcasts, over its own and affiliated stations, certain programs popularly known as “give-away” programs. Generally characteristic of this type of program is the distribution of prizes to home listeners, selected wholly or in part on the basis of chance, as an award for correctly solving a given problem or answering a question. The rules challenged in this proceeding, §§ 3.192, 3.292, and 3.656 of the Commission’s Rules and Regulations, were designed to prevent the broadcast of such programs. The rules are…
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