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ILLINOIS CITIZENS COMMITTEE FOR BROADCAST. v. F. C. C.

No. 73-1652.

515 F.2d 397 (1974)

ILLINOIS CITIZENS COMMITTEE FOR BROADCASTING et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 1974.

As Supplemented on Denial of Rehearing and Rehearing March 13, 1975.

As Amended April 21, 1975.

Attorney(s) appearing for the Case

Thomas R. Asher, Washington, D. C., with whom Kenneth N. Flaxman, Chicago, Ill., was on the brief, for petitioners.

Joseph A. Marino, Associate Gen. Counsel, with whom John W. Pettit, Gen. Counsel at the time the brief was filed, and R. Michael Senkowski, Counsel, were on the brief for respondent, Federal Communications Commission.

Carl D. Lawson, Atty. Dept. of Justice, filed a brief for respondent, United States of America.

Howard E. Shapiro, Washington, D. C., entered an appearance for respondent, United States of America.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

As Supplemented on Denial of Rehearing and Rehearing En Banc March 13, 1975.

LEVENTHAL, Circuit Judge:

This controversy arises from the response of the Federal Communications Commission to certain radio call-in programs on sex-related topics. On March 27, 1973, the FCC announced an inquiry into the broadcast of obscene, indecent, or profane material. On the following day, FFC Chairman Dean Burch, in a speech before the National Association of Broadcasters...

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