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23 Fed. Comm. B.J. 39 (1969)
Banzhaf v. FCC: Public Interest and the Fairness Doctrine

handle is hein.journals/fedcom23 and id is 47 raw text is: BANZHAF v FCC 39 BANZHAF v. FCC: PUBLIC INTEREST AND THE FAIRNESS DOCTRINE ROBERT D. LYND The following article was awarded first prize in the 1969 Communications Essay Contest, a legal writ- ing competition for law school students sponsored by the Federal Communications Bar Association. The article was selected by a panel of threejudges- Henry G. Fischer, Esq., Ernest W.. Jennes, Esq. and Earl R. Stanley, Esq.-designated by the Executive Committee of the Bar Association. Mr Lynd is a third-year student at Georgetown Law Center, Washington, D. C. The now-famous dispute over cigarette advertising by broadcasters began on January 6, 1967, when the Broadcast Bureau of the Federal Communications Commission received a letter complaint from John F Banzhaf, III, a New York lawyer.' The basis of Banzhaf's complaint against television station WCBS-TV in New York was its failure to fulfill what I believe to be its obligations under the 'fairness- doctrine' with respect to cigarette advertisements. Banzhaf enclosed a copy of a letter written to WCBS-TV on December 1, 1966, in which he had expressed the opinion that certain ciga- rette advertisements presented a point of view on a contro- versial issue of public importance, i.e. the advisability and benefits of smoking. Objecting in particular to three such broadcasts on November 24, 1966, Banzhaf reasoned that a controversial issue was presented by these and other similar ads. [T]he great many cigarette commercials broadcast day after day, which by their portrayals of youthful or virile-looking or sophisticated persons enjoying cigarettes in interesting and exciting situations delib- 'Letter from John F Banzhaf, III, to Federal Communications Commis- sion, January 5, 1967.

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