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 for a non-remedial purpose.[1] The Court distinguished the previous year's decision City of Richmond v. J.A. Croson Co.,[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] This opinion was the last authored by William J. Brennan Jr., the longtime leader of the Court's liberal wing.[5]
| 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) | |
See also
editReferences
edit- ^ 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).
- ^ "William J. Brennan". Oyez. Retrieved February 11, 2024.
In Brennan's last vote as a Supreme Court Justice, he sided with the majority in Metro Broadcasting v. Federal Communications Commission (1990), upholding the constitutionality of two federal affirmative action programs aimed at increasing black ownership of radio and television stations.
External links
edit- 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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