C
Rupert held a majority ownership interest in one of the three daily newspapers in City, as well as numerous other media outlets across the country. When a popular City radio station was put on the market, he entered into negotiations to purchase it. However, the Federal Communications Commission ("FCC") blocked the sale on the basis of a regulation forbidding ownership of a radio or television station to any entity owning a daily newspaper in the same city. The next year, however, the FCC suspended enforcement of that regulation to permit the radio station to be sold to Sumner, the owner of another daily newspaper in City. Rupert filed an action in federal district court seeking to enjoin the sale. The court should:
A. Decide the case on the merits, because Rupert can claim that the FCC's unequal treatment of the two transactions violated the Due Process Clause of the Fifth Amendment.
B. Decide the case on the merits, because Rupert can claim that the FCC's refusal to allow him to own the station violated his freedom of speech rights under the First Amendment.
C. Dismiss the action, because Rupert cannot show that enjoining the transaction will eliminate any injury that he might have suffered.
D. Dismiss the action, because the federal government has the power to regulate ownership of the broadcast media.