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COMMUNITY TELEVISION v. WILKINSON

Nos. C 83-0551A, C 83-0581A.

611 F.Supp. 1099 (1985)

COMMUNITY TELEVISION OF UTAH, INC., Community Cable of Utah, Inc., Utah Satellite, Inc., Wasatch Community T.V., Inc., and Connie R. Jones, Lynn F. Jones, Caroline A. Snow, Ralph McCleary, Kay Ulrich, Ed Ulrich, Wayne Williams, as individuals and as representatives of a class of persons similarly situated, and Home Box Office, Inc., Plaintiffs, v. Hon. David L. WILKINSON, Attorney General of the State of Utah, individually and in his official capacity and as a representative of the class of all persons empowered to enforce the Cable Television Programming Decency Act, Defendants.

United States District Court, D. Utah, C.D.

April 10, 1985.

Attorney(s) appearing for the Case

Bryan L. McDougal, Robert D. Sherlock, Patricia A. Rorke, and Steven H. Blum, Salt Lake City, Utah, for plaintiffs.

Donald B. Holbrook and LeGrand R. Curtis, Salt Lake City, Utah, and George H. Shapiro and James P. Mercurio, Washington, D.C., for plaintiff-intervenor Home Box Office, Inc.

Robert N. Parrish, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah, and Charles A. Hobbs and Jerry R. Goldstein, Washington, D.C., for defendants.

The court accepted amicus briefs from Morality in Media, Inc., the Nat. Cable Television Ass'n, Inc., the F.C.C., and Citizens for Positive Community Values.

ALDON J. ANDERSON, Senior District Judge.

INTRODUCTION

On April 20, 1983, the Utah State Legislature passed the Cable Television Programming Decency Act ("Cable Decency Act"). Utah Code Ann. §§ 76-10-1701 to -1708 (Supp.1983). The Act gives certain state officials authority to bring nuisance actions against anyone who continuously and "knowingly distributes indecent material within this state over any cable television system or pay-for-viewing...

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