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Home Box Office, Inc. v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
567 F.2d 9 (1977)


Facts

The Federal Communications Commission (FCC) (defendant) proposed to loosen restrictions on what cable programmers could provide on television. After the comment period, the FCC met with many interested parties and attempted to negotiate an outcome that all would find acceptable. After the final rule was adopted, Home Box Office and a number of other parties (plaintiffs) challenged it, arguing that the FCC impermissibly engaged in ex parte communications leading up to the final rule, including communications that took place after the rulemaking record should have been closed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Per Curiam)

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  • 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.).

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