Barnstone v. University of Houston

Background

A party sought to force broadcasters to air a television program called “The Death of a Princess” on a set date and time. A federal district court entered a temporary order requiring the broadcasters to show the program. The appeals court later vacated that order but required the broadcasters to tape and preserve the program.

Reasoning

The central question was whether the applicant could get the full Court to undo the appeals court’s action and reinstate the district court’s forced-broadcast order right away. Acting as circuit justice because a full quorum was not available, Justice Powell reviewed the papers, consulted informally with three other Justices who would deny relief, and concluded that the applicant’s emergency request should be denied. He left the appeals court’s conditional vacatur and its tape-preservation requirement intact and expressly avoided saying anything about the deeper legal merits.

Real world impact

As a result, there will be no immediate forced airing of the program; the broadcasters will keep a videotape of the show in case a permanent order later requires broadcasting. The decision is provisional and procedural, not a final ruling on the underlying dispute, and the legal fight over whether the program ultimately must be aired could still continue in the courts.