Stanley Blumenthal v. Federal Communications Commission and United States of America

BAZELON, Chief Judge

(concurring).

Were we writing on a clean slate, I would hold — for the reasons given in Judge Washington’s dissenting opinion in Borrow v. Federal Communications Comm’n, 109 U.S.App.D.C. 224, 228, 285 F.2d 666, 670, cert. denied, 364 U.S. 892, 81 S.Ct. 223, 5 L.Ed.2d 188 (1960) — that the Federal Communications Commission has not been authorized to inquire into the political beliefs or affiliations of license applicants. But the court’s decision there is controlling on that issue. Given the Commission’s power so to inquire, the applicant’s reason for refusing to respond becomes irrelevant. I therefore concur.