ACTION FOR CHILDREN'S TELEVISION; American Civil Liberties Union; The Association of Independent Television Stations, Inc.; Capital City/American Broadcasting Co., Inc.; CBS, Inc.; Fox Television Stations, Inc.; Greater Media, Inc.; Infinity Broadcasting Corporation; Motion Picture Association of America, Inc.; National Association of Broadcasters; National Public Radio; People for the American Way; Post-Newsweek Stations, Inc.; Public Broadcasting Service; Radio-Television News Directors Association; Reporters Committee for Freedom of the Press; Society of Professional Journalists, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
PACIFICA FOUNDATION; National Federation of Community Broadcasters; American Public Radio; National Association of College Broadcasters; Intercollegiate Broadcast System; Pen American Center; Allen Ginsberg, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 19, 1994.
Decided June 30, 1995.
Attorney(s) appearing for the Case
Timothy B. Dyk, with whom Barbara McDowell was on the briefs, argued the cause for petitioners Action for Children's Television, et al.
Eric M. Lieberman, with whom Thomas C. Viles and John P. Crigler were on the briefs, argued the cause for petitioner Pacifica Foundation.
Marjorie Heins was on the briefs for petitioner American Civil Liberties Union. Steven R. Shapiro entered an appearance.
James J. Popham was on the briefs for petitioner The Ass'n of Independent Television Stations, Inc.
Molly Pauker was on the briefs for petitioner Fox Television Stations, Inc.
Dennis P. Corbett, Laura B. Humphries, and Steven A. Lerman were on the briefs for petitioner Infinity Broadcasting Corp.
Henry L. Baumann and Steven A. Bookshester were on the briefs for petitioner Nat. Ass'n of Broadcasters.
Theodore A. Miles was on the briefs for petitioner Nat. Public Radio. Karen Christensen entered an appearance.
Andrew J. Schwartzman and Elliot M. Mincberg were on the briefs for petitioner People for the American Way.
Martin Wald and Jonathan D. Blake entered appearances for petitioner Post-Newsweek Stations, Inc.
Nancy H. Hendry and Paula A. Jameson were on the briefs for petitioner Public Broadcasting Service.
J. Laurent Scharff was on the briefs for petitioner Radio-Television News Directors Ass'n.
Jane E. Kirtley was on the briefs for petitioner Reporters Committee for Freedom of the Press.
Bruce W. Sanford and Henry S. Hoberman were on the briefs for petitioner Soc. of Professional Journalists.
Christopher J. Wright, Deputy Gen. Counsel, F.C.C. ("FCC"), with whom William E. Kennard, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, FCC, and Asst. Atty. Gen. Frank W. Hunger and Barbara L. Herwig and Jacob M. Lewis, Attys., U.S. Dept. of Justice, were on the briefs, argued the cause for respondents. Jane E. Mago, Clifford G. Pash, Jr., Renee Licht, and Peter Anthony Tenhula, Counsel, FCC, entered appearances for respondents.
Before EDWARDS, Chief Judge, and WALD, SILBERMAN, BUCKLEY, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Argued En Banc October 19, 1994.
Opinion for the court filed by Circuit Judge BUCKLEY, in which Circuit Judges SILBERMAN, STEPHEN F. WILLIAMS, GINSBURG, SENTELLE, KAREN LeCRAFT HENDERSON, and RANDOLPH concur.
Dissenting opinion filed by Chief Judge HARRY T. EDWARDS.
Dissenting opinion filed by Circuit Judge WALD, in which Circuit Judges ROGERS and TATEL join.
BUCKLEY, Circuit Judge:
We are asked to determine the constitutionality of...
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