COMMUNITY-SERVICE BROADCASTING OF MID-AMERICA, INC., et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 6, 1978.
Decided August 25, 1978.
As Amended September 29, 1978.
Attorney(s) appearing for the Case
Richard D. Marks, Washington, D. C., with whom Daniel W. Toohey, Washington, D. C., was on brief, for petitioners. Patrick M. Connolly, Washington, D. C., also entered an appearance for petitioners.
C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel for the F. C. C., Washington, D. C., at the time the briefs were filed, Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., and Lee I. Weintraub, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents. Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondents.
Marc I. Steinberg and H. Stephen Holloway, Washington, D. C., United States Senator Robert Griffin urging constitutionality.
Theodore D. Frank, Washington, D. C., filed a brief on behalf of amicus curiae Public Broadcasting Service urging unconstitutionality.
James L. McHugh, Jr., Washington, D. C., filed a brief on behalf of amicus curiae Corp. for Public Broadcasting urging unconstitutionality.
Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Argued En Banc January 6, 1978.
On Rehearing En Banc
Chief Judge, J. SKELLY WRIGHT, filed the opinion of the court (Parts I and IV), in which Circuit Judges, BAZELON, McGOWAN, ROBINSON, and WILKEY, joined. Circuit Judge, WILKEY, also joined in Parts II, III and V. Circuit Judges BAZELON and SPOTTSWOOD W. ROBINSON, III, filed opinions concurring in part.
Circuit Judge, LEVENTHAL, joined by Circuit Judge, TAMM, filed a dissenting opinion.
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