This section contains the nature of the case and procedural background.

In a Red Lion Broadcasting Company (P) radio program, Reverend Billy James Hargis made comments about Fred. J. Cook, an author who had written a book about Senator Barry Goldwater. Hargis alleged that Cook had once been fired by a newspaper for making up charges against city officials, and had later worked for a publication with Communist affiliations. Cook asked P for free airtime to reply to these allegations, but P denied him. However, the Federal Communications Commission (D) found that the Hargis broadcast was a personal attack on Cook, and forced P to give Cook free air time. The lower federal courts upheld D's decision, and P appealed to the Supreme Court. While this litigation was going on, D adopted regulations requiring broadcasters to make free airtime available following personal attacks, political endorsements, editorials, etc. RTNDA (P) complained, and a court of appeals declared these regulations unconstitutional. D appealed to the Supreme Court, which joined the two Ps to consider whether or not the regulations and actions of D violated the 1st amendment.

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