Metro Broadcasting, Inc. v. FCC

Supreme Court of the United States

Argued March 28, 1990
Decided June 27, 1990

Full case name

Metro Broadcasting, Inc. v. Federal Co

Citations

Subsequent history

No. 89-453, 277 U.S. App. D.C. 134, 873 F.2d 347, affirmed and remanded; No. 89-700, 278 U.S. App. D.C. 24, 876 F.2d 902, 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

Chief Justice William Rehnquist

Associate Justices William J. Brennan, Jr. · Byron White Thurgood Marshall · Harry Blackmun John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy

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)

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, 488 U.S. 469 (1989), by noting that it applied only to actions by state and local governments.^[2] Metro Broadcasting was overruled by Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995), which held that strict scrutiny should be applied to federal laws that use benign racial classifications.^[3]

References

↑ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, NY: 2009, p. 610
↑ Varat, p. 616
↑ Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 227 (1995)

External links

Full text from Justia.com

Affirmative action in the United States

Supreme Court decisions	Griggs v. Duke Power Co. (1971) Regents of the University of California v. Bakke (1978) United Steelworkers v. Weber (1979) Fullilove v. Klutznick (1980) Wygant v. Jackson Board of Education (1986) City of Richmond v. J.A. Croson Co. (1989) Adarand Constructors, Inc. v. Peña (1995) Hopwood v. Texas (5th Cir. 1996) Grutter v. Bollinger (2003) Gratz v. Bollinger (2003) Parents v. Seattle School District 1 (2007) Ricci v. DeStefano (2009) Fisher v. University of Texas (2013 and 2016 cases) Schuette v. Coalition to Defend Affirmative Action (2014)

Federal legislation and edicts	Equal Protection Clause of the Fourteenth Amendment (1868) Executive Order 10925 (1961) Civil Rights Act of 1964 Executive Order 11246 (1965)

State initiatives	Proposition 209 (CA, 1996) Initiative 200 (WA, 1998) Proposal 2 (MI, 2006) Initiative 424 (NE, 2008) Proposition 107 (AZ, 2010) State Question 759 (OK, 2012)

People	Ward Connerly Arthur Fletcher Ward Churchill

United States Fourteenth Amendment case law

Citizenship Clause

Slaughter-House Cases (1873) Elk v. Wilkins (1884) United States v. Wong Kim Ark (1898) Perez v. Brownell (1958) Saenz v. Roe (1964) Afroyim v. Rusk (1967) Rogers v. Bellei (1971)

Due Process Clause

Economic substantive due process	Mugler v. Kansas (1887) Allgeyer v. Louisiana (1897) Lochner v. New York (1905) Coppage v. Kansas (1915) Adams v. Tanner (1917) Adkins v. Children's Hospital (1923)

Right to privacy	Meyer v. Nebraska (1923) Pierce v. Society of Sisters (1925) Griswold v. Connecticut (1965) Doe v. Bolton (1973) Roe v. Wade (1973) Bowers v. Hardwick (1986) Webster v. Reproductive Health Services (1989) Planned Parenthood v. Casey (1992) Lawrence v. Texas (2003) Whole Woman's Health v. Hellerstedt (2016)

Right to abortion	United States v. Vuitch (1971) Doe v. Bolton (1973) Roe v. Wade (1973) H. L. v. Matheson (1981) City of Akron v. Akron Center for Reproductive Health (1983) Webster v. Reproductive Health Services (1989) Hodgson v. Minnesota (1990) Planned Parenthood v. Casey (1992) Stenberg v. Carhart (2000) Ayotte v. Planned Parenthood of New England (2006) Gonzales v. Carhart (2007) Whole Woman's Health v. Hellerstedt (2016)

Civil rights liability under Section 1983	Monroe v. Pape (1961) McNeese v. Board of Educ. (1963) Pierson v. Ray (1967) Jenkins v. McKeithen (1969) Scheuer v. Rhodes (1974) Wood v. Strickland (1975) O'Connor v. Donaldson (1975) Paul v. Davis (1976) Imbler v. Pachtman (1976) Monell v. Department of Social Services of the City of New York (1978) Procunier v. Navarette (1978) Owen v. City of Independence (1980) Harlow v. Fitzgerald (1982) Felder v. Casey (1988) Will v. Michigan Department of State Police (1989) Gonzaga University v. Doe (2002) Inyo County v. Paiute-Shoshone Indians of the Bishop Community (2003) City of Rancho Palos Verdes v. Abrams (2005) Fitzgerald v. Barnstable School Committee (2009) Ashcroft v. Iqbal (2009) Los Angeles County v. Humphries (2010) Connick v. Thompson (2011)

Other	Holden v. Hardy (1898) Muller v. Oregon (1908) Buck v. Bell (1927) Powell v. Alabama (1932) West Coast Hotel v. Parrish (1937) NAACP v. Alabama (1958) Griswold v. Connecticut (1965) Loving v. Virginia (1967) Epperson v. Arkansas (1968) In re Winship (1971) Edwards v. Aguillard (1987) Caperton v. A.T. Massey Coal Co. (2009) Obergefell v. Hodges (2015)

Equal Protection Clause

United States v. Cruikshank (1876)
Pace v. Alabama (1883)
Civil Rights Cases (1883)
Yick Wo v. Hopkins (1886)
Plessy v. Ferguson (1896)
Buchanan v. Warley (1917)
Lum v. Rice (1927)
Skinner v. Oklahoma (1942)
Perez v. Sharp (1948)
Goesaert v. Cleary (1948)
Shelley v. Kraemer (1948)
Sipuel v. Board of Regents of Univ. of Okla. (1948)
Sweatt v. Painter (1950)
McLaurin v. Oklahoma State Regents (1950)
Brown v. Board of Education of Topeka (1954)
Hernandez v. Texas (1954)
Griffin v. County School Board of Prince Edward County (1964)
Katzenbach v. Morgan (1966)
Loving v. Virginia (1967)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Guey Heung Lee v. Johnson (1971)
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
Milliken v. Bradley (1974)
Romer v. Evans (1996)
Grutter v. Bollinger (2003)
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Obergefell v. Hodges (2015)

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Metro Broadcasting, Inc. v. FCC

See also

References

External links