Lamprecht v. FCC strikes down gender-based preferences

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Lamprecht v. FCC

CIR's victory in Lamprecht was the first time a federal court ruled a national affirmative action program unconstitutional


	Tom Lamprecht is currently president and owner of Atlantic Coast Communications, a radio and Internet production firm.

When Jerome Thomas Lamprecht applied to the FCC for a license to build a radio station in 1982, he didn't realize that he was about to start more than a decade of litigation. But, despite excellent qualifications, Lamprecht's application was rejected in favor of a female applicant who was given a quantitative bonus for her gender.

He appealed the decision, asking only to be considered on his qualifications rather than gender. However, the FCC refused this request, citing a need to increase "broadcast diversity."

With the assistance of CIR, Lamprecht took his appeal all the way to the D.C. Circuit Court, which issued a historic ruling (written by Clarence Thomas) that declared the FCC's gender preferences unconstitutional.

Read Lamprecht's testimony before the Judiciary Committee

Here is what the initial Administrative Law Judge had to say concerning the Minority or Female Enhancement:
"On this criterion, Lamprecht suffers from a birth defect: he was born a white, Anglo-Saxon, male. They are not in demand under the Commission's present deregulatory, comparative scheme. There was a day in the dim and distant past, when Lamprecht might well have prevailed in this comparative contest. His educational background is broadcast oriented. He has both management and non-management broadcast experience. He is a young man who appears aggressive enough to make a substantial contribution to his chosen career. In short, he's ready for an ownership role. But, in this day and age, it is doubtful that he could win any comparative proceeding."

Click here to read the full text (PDF format, 13K).

View the Circuit Court's Opinion (PDF format, 88K)

Last revised: 23-Jul-2013