Earl Warren

“ Upon remand from the Commission, respondents moved that all testimony and documents to be elicited from them-not merely Annex B-should be received in camera. Respondents asserted that in light of the announced scope of the inquiry, the Commission's order to produce documents upon request and to testify 'regarding all matters deemed relevant' would require MCA 'to disclose all of its business information to its many competitors and to make a public record of all of its activities,' and that such a disclosure, if demanded, would necessarily include confidential business secrets. ”

“ In the Pottsville Broadcasting case, this Court stressed, in upholding this delegation of broad procedural authority, the established principle that administrative agencies 'should be free to fashion their own rules of procedure and to pursue methods of inquiry capable of permitting them to discharge their multitudinous duties.' 309 U.s., at 143, 60 S.Ct., at 441. ”

“ Counsel could consult with his client only upon the request of the client if approved by the Presiding Officer. The District Court held that under § 6 (a) of the Administrative Procedure Act, 60 Stat. 240, respondents were entitled to the assistance of counsel in the following respects: the right to have counsel object to any question and state his reasons therefor, and the right to have counsel initiate consultation without interference by the Commission or its agents. ”

“ The order directs that there be no disclosure until the court so orders, 'should good cause exist therefor.' Not only does this order seem to shift the burden of proof to the Commission to justify publication, despite the valid rule to the contrary, but it also permits respondents to avoid submitting the issue of disclosure to the Presiding Officer despite the 'long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.' Myers v. ”

“ Accordingly, the District Court ordered respondents to appear at a reconvened hearing and to comply with the Commission's subpoena and orders. However, the court, in order to protect 'respondents' rights and to preclude disclosure of trade secrets of which competitors might take advantage,' ordered that all testimony given and documents produced by respondents be received and held in confidence. ”

“ On Sept. 2, 1964, the Commission amended Part I of its Rules and Regulations, permitting counsel for any person compelled to appear in Commission proceedings to advise his client either upon his own initiative or that of his client, 'to make objections on the record, and to state briefly the basis for such objections.' 29 Fed.Reg. 12774 12775. Finding this amendment to be 'in accord with respondents' legal position on this matter,' respondents did not seek review of the ruling below. ”

“ Congress has 'left largely to its judgment the determination of the manner of conducting its business which would most fairly and reasonably accommodate' the proper dispatch of its business and the ends of justice. ”

“ The court's order further provided that, after the investigation of respondents had been completed, the Commission could move the court for an order, 'should good cause exist therefor,' permitting such testimony and documents to be made public. ”

“ On October 17, 1960, the Presiding Officer issued a subpoena duces tecum to respondent Schreiber, a Vice President of respondent Music Corporation of America, Inc. (MCA) -one of the largest packagers and producers of network television programs, [8] directing him to appear at the hearing and to produce certain documents described in the annexes to the subpoena. ”

“ A 'producer' has general charge of the process of preparing the package for television showing.↑ The Commission's unchallenged finding was:↑ ' (A) A list by name or title of all television programs whether series programs, special programs, or otherwise, which appeared or were exhibited by or through the facilties of the television networks operated by NBC, CBS, or ABC since September 1, 1958, which programs were produced by MCA, Inc. ”