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Fcc v. American Broadcasting Co., Inc., 347 U.S. 284 (1954)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fcc v. American Broadcasting Co., Inc., 347 U.S. 284 (1954)
Federal Communications Commission v. American Broadcasting Co., Inc. Argued February 1, 1954 Decided April 5, 1954 * 347 U.S. 284
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
Regulations of the Federal Communications Commission providing for the denial of licenses to radio and television broadcasting stations which broadcast so-called "give-away" programs, in which prizes are given to persons elected by chance who answer certain questions correctly but who are not required to contribute any money or other valuable consideration held invalid as going beyond the scope of 18 U.S.C. § 1304, and thus exceeding the rulemaking power of the Commission. Pp. 285-297.
(a) Unless such "give-away" programs are illegal under 18 U.S.C. § 1304, the Commission cannot employ the statute to make them so by agency action. Pp. 289-290.
(b) The contribution of money or other valuable consideration by the contestants is an essential element of the offense proscribed by 18 U.S.C. § 1304, which forbids the broadcasting of "any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance." Pp. 290-291.
(c) The increased advertising value of a "give-away" program resulting from the requirement, direct or indirect, that home contestants listen to the program does not constitute a valuable consideration for purposes of 18 U.S.C. § 1304. Pp. 291-295.
(d) Section 1304 of 18 U.S.C. is a penal statute, and it must be construed strictly. P. 296.
110 F. Supp. 374, affirmed.
The District Court enjoined enforcement of certain provisions of regulations of the Federal Communications Commission relating to the broadcasting of so-called "give-away" programs. 110 F.Supp. 374. On direct appeal to this Court under 28 U.S.C. §§ 1253 and 2101(b), affirmed, p. 297.
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Chicago: U.S. Supreme Court, "Syllabus," Fcc v. American Broadcasting Co., Inc., 347 U.S. 284 (1954) in 347 U.S. 284 347 U.S. 285. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HDLT23EL29DBPKG.
MLA: U.S. Supreme Court. "Syllabus." Fcc v. American Broadcasting Co., Inc., 347 U.S. 284 (1954), in 347 U.S. 284, page 347 U.S. 285. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HDLT23EL29DBPKG.
Harvard: U.S. Supreme Court, 'Syllabus' in Fcc v. American Broadcasting Co., Inc., 347 U.S. 284 (1954). cited in 1954, 347 U.S. 284, pp.347 U.S. 285. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HDLT23EL29DBPKG.
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