Logourl black

Ashbacker Radio Corp. v. Federal Communications Commission

United States Supreme Court
326 U.S. 327 (1945)


Facts

In March 1944, the Fetzer Broadcasting Company filed with the Federal Communications Commission (FCC) (defendant) an application for permission to construct a broadcasting station in Grand Rapids, Michigan to operate at 1230 kc with 250 watts power. In May 1944, before the FCC had decided Fetzer’s application, Ashbacker Radio Corp. (Ashbacker) (plaintiff) filed an application to change the frequency of its station WKBZ of Muskegon, Michigan from 1490 kc to 1230 kc. The FCC could not grant both applications because the broadcasts would have interfered with one another. In June 1944, the FCC granted Fetzer’s application without a hearing. That same day, the FCC designated Ashbacker’s application for a hearing, which it was entitled to have under § 309(a) of the Federal Communications Act. Ashbacker then filed a petition for hearing, rehearing and other relief against the Fetzer application, which the FCC denied.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Douglas, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Frankfurter, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 86,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,053 briefs - keyed to 161 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now