The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 was unconstitutionally vague. 25.In Red Lion Broadcasting Co. etc. el. al. v. Federal Communications Commission et. al. and United Slates et. al. v. Radio Television News Directors Association et al. [395 US 367: 23 L Ed 2d 3711 which two cases were disposed of by common judgment, the facts were that in the first case, the Broadcasting Company carried as a part of "Christian Crusade" series, a 15-minute broadcast in which a third person's honesty and character were attacked. His demand for free reply time was refused by the broadcasting station. Federal Communications Commission [FCC] issued a declaratory order to the effect that the broadcasting station had failed to meet its obligation under the FCC's fairness doctrine. The Court upheld the FCC's directions. 26.In the second case, the FCC after the commencement of the litigation in the same case made the personal attack aspect of the fairness doctrine more precise and more readily enforceable. The Court upheld the FCC's rules overruling the view taken by the Court of Appeals that the rules were unconstitutional as abridging the freedom of speech and press. 27.The Court dealing with the two cases held: "Just as the Government may limit the use of sound-amplifying equipment potentially so noisy that it drowns out civilized private speech, so may the Govenrnment limit the use of broadcast equipment. The right of free speech of a broadcaster, the user of a sound track, or any other individual does not embrace a right to snuff out the free speech of others. x x x x x x x for public broadcasting were limited in number, it was essential for the Government to tell some applicants that they could not broadcast at all because there was room for only a few. x x x x x x x Where there are substantially more individuals who want to broadcast than there are frequencies to allocate, it is idle to posit an unabridgeable First Amendment right to broadcast comparable to the right of every individual to speak, write, or publish. If 100 persons want broadcast licences but there are only 10 frequencies to allocate, all of them may have the same "right" to a license; but if there is to be any effective communication by radio, only a few can be licensed and the rest must be barred from the airwaves. It would be strange if the First Amendment, aimed at protecting and furthering communications, prevented the government from making radio communication possible by requiring licenses to broadcast and by limiting the number of licenses so as not to overcrowd the spectrum. This has been the consistent view of the Court. Congress unquestionably has the power to grant and deny licenses and to eliminate existing stations... No one has a First Amendment right to a license or to monopolize a radio frequency; to deny a Indian Kanoon - http://indiankanoon.org/doc/539407/ 15

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