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GROSS v. F. C. C.

No. 896, Docket 72-2229.

480 F.2d 1288 (1973)

Herman GROSS and Reuben E. Gross, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 13, 1973.

Attorney(s) appearing for the Case

Reuben E. Gross, Staten Island, N. Y., for petitioners.

Joseph A. Marino, Associate Gen. Counsel, FCC, Washington, D. C. (John W. Pettit, Gen. Counsel, and John E. Ingle, Counsel, FCC, Washington, D. C., on the brief), for respondent FCC.

Thomas E. Kauper, Asst. Atty. Gen., and George Edelstein, Atty., Dept. of Justice, Washington, D. C., for respondent United States.

Before SMITH, HAYS and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

The sole issue properly before us on this petition to review a newly promulgated regulation of the Federal Communications Commission, 47 C.F.R. § 97.114(c) (1972), which prohibits use of amateur radio station facilities for transmission of business communications, is whether the regulation violates the freedom of speech provision of the First Amendment and the anti-censorship provision of Section 326 of the Federal Communications Act,...

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