Minority Television Project, Inc. v. Federal Communications Commission

Issue: (1) Whether the Court should overrule Red Lion Broadcasting Co. v. Federal Communications Commission’s outdated rationale for diminishing the First Amendment protection of broadcasters; (2) whether, in light of the Court’s decision in Citizens United v. Federal Election Commission, strict scrutiny applies to laws prohibiting broadcasters from transmitting paid political messages; and (3) whether, consistent with the prevailing approach in the courts of appeals, a ban on speech fails intermediate scrutiny if the only evidence before Congress supposedly linking the ban to the interest that the government seeks to advance consists of guesswork lacking any concrete factual support.