I concur in the result reached by Judge Tamm and in general with his reasoning, without committing myself to all details of the opinion. For example, I have doubts that the fairness doctrine “recognizes and enforces the free speech right of the victim of any personal attack made during the broadcast.” I agree with the Commission without finding it necessary to accede to this position.
Moreover, I agree with the Commission that a reply to a personal attack is not conditioned upon the ability of the licensee to obtain paid sponsorship for the reply. As to the procurement of sponsorship I need go no further than the case of a personal attack.
WILBUR K. MILLER, Senior Circuit Judge, did not participate in the consideration and decision of this case on the merits, set forth in the foregoing opinion.