|
|
Ashbacker Radio Corp. v. Fcc, 326 U.S. 327 (1945)
Contents:
Show Summary
Hide Summary
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.
Ashbacker Radio Corp. v. Fcc, 326 U.S. 327 (1945)
Ashbacker Radio Corp. v. Federal Communications Commission No. 65 Argued November 13, 1945 Decided December 3, 1945 326 U.S. 327
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA
Syllabus
1. Where two applications pertaining to broadcasting station licenses under the Federal Communications Act are mutually exclusive, the grant of one without hearings on both deprives the loser of the opportunity for a hearing to which he is entitled under § 309(a) of the Act, even though his application is set for a hearing at a later date. Pp. 327, 329, 333.
2. In such a case, the applicant whose application was not acted upon is placed in the same position as a newcomer who seeks to displace an established broadcaster, and thus is placed under a greater burden than if a hearing on his application had preceded the grant of the other application. P. 332.
3. While his statutory right to a hearing has been preserved in form, it has been substantially nullified, as a practical matter, by the grant of the other application. P. 334.
Reversed.
Certiorari, 325 U.S. 846, to review dismissal of an appeal from an order of the Federal Communications Commission dismissing a petition for a hearing, rehearing, and other relief.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ashbacker Radio Corp. v. Fcc, 326 U.S. 327 (1945) in 326 U.S. 327 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HT9QH2GPKWKI5Z2.
MLA: U.S. Supreme Court. "Syllabus." Ashbacker Radio Corp. v. Fcc, 326 U.S. 327 (1945), in 326 U.S. 327, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HT9QH2GPKWKI5Z2.
Harvard: U.S. Supreme Court, 'Syllabus' in Ashbacker Radio Corp. v. Fcc, 326 U.S. 327 (1945). cited in 1945, 326 U.S. 327. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HT9QH2GPKWKI5Z2.
|