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PACIFICA FOUNDATION v. F. C. C.

No. 75-1391.

556 F.2d 9 (1977)

PACIFICA FOUNDATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1977.

Attorney(s) appearing for the Case

Harry M. Plotkin, Washington, D. C., with whom Thomas Schattenfield, David F. Tillotson and Mary Candace Fowler, Washington, D. C., were on the brief for petitioner.

Joseph A. Marino, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Raymond L. Strassburger and Richard J. Bodorff, Counsel, F. C. C. and Robert J. Wiggers, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents. Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., also entered an appearance for respondents.

Henry Geller and Charles M. Firestone, filed a brief on behalf of the Committee for Open Media, San Francisco Chapter, as amicus curiae.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

Opinion filed by TAMM, Circuit Judge.

Concurring opinion filed by BAZELON, Chief Judge.

Dissenting opinion filed by LEVENTHAL, Circuit Judge.

TAMM, Circuit Judge:

This appeal by Pacifica Foundation (Pacifica) challenges a Federal Communications Commission (FCC or Commission) ruling which purports to ban prospectively the broadcast, whenever children are in the audience, of language which depicts sexual or excretory activities and organs, specifically...

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