Metro Broadcasting, Inc. v. FCC
Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990), was a case decided by the Supreme Court of the United States that held that intermediate scrutiny should be applied to equal protection challenges to federal statutes using benign racial classifications.[1] The Court distinguished the previous year's decision City of Richmond v. J.A. Croson Company,[2] by noting that it applied only to actions by state and local governments.[3] Metro Broadcasting was overruled by Adarand Constructors, Inc. v. Peña, which held that strict scrutiny should be applied to federal laws that use benign racial classifications.[4]
| Metro Broadcasting, Inc. v. FCC | |
|---|---|
 | |
| Argued March 28, 1990 Decided June 27, 1990 | |
| Full case name | Metro Broadcasting, Inc. v. Federal Co |
| Citations | 497 U.S. 547 (more) 110 S. Ct. 2997; 111 L. Ed. 2d 445 |
| Case history | |
| Prior | Winter Park Communications, Inc. v. FCC, 873 F.2d 347 (D.C. Cir. 1989), affirmed and remanded; Shurberg Broadcasting of Hartford, Inc. v. FCC, 876 F.2d 902 (D.C. Cir. 1989), reversed and remanded. |
| Holding | |
| The FCC policies do not violate equal protection since they bear the imprimatur of longstanding congressional support and direction and are substantially related to the achievement of the important governmental objective of broadcast diversity. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by White, Marshall, Blackmun, Stevens |
| Concurrence | Stevens |
| Dissent | O'Connor, joined by Rehnquist, Scalia, Kennedy |
| Dissent | Kennedy, joined by Scalia |
| Laws applied | |
| U.S. Const. amend. XIV | |
Overruled by | |
| Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995) | |
References
- Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, NY: 2009, p. 610
- City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989).
- Varat, p. 616
- Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 227 (1995).
External links
- Text of Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990) is available from: CourtListener Justia Library of Congress Oyez (oral argument audio)
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