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POST v. PAYTON

No. 70-C-1499.

323 F.Supp. 799 (1971)

Steven A. POST, individually, and Mark L. Indig, Kent V. Moston, Melvin L. Rosen, Spencer Green, Richard M. Ross, Patricia Baltimore, Ralph Knopf, Lawrence F. Spoler, Barry P. Zwillinger, suing on behalf of themselves and all persons similarly situated, Plaintiffs, v. Robert L. PAYTON et al., Defendants.

United States District Court, E. D. New York.

January 20, 1971.

Attorney(s) appearing for the Case

William M. Kunstler, Center for Constitutional Rights, New York City, Steven J. Hyman, Nassau County Civil Liberties Union, Great Neck, N. Y., for plaintiffs, Steven A. Post, individually, and others.

Emile Z. Berman and A. Harold Frost, New York City, for defendants Payton, Mates, Scanlan and McGrath; Morton H. Feder, Sheila L. Birnbaum, New York City, of counsel.

BARTELS, District Judge.

C. W. Post Center, a division of Long Island University, operates two radio stations, one a non-commercial educational radio station WCWP-FM, licensed by the Federal Communications Commission (Commission), and the other a non-licensed carrier current radio station WCWP-AM. On November 30, 1970 the defendants closed both stations and discharged Steven A. Post, the director of the stations, because of alleged obscenities broadcast during the...

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