Connie R. JONES; Lynn F. Jones; Caroline A. Snow; Ralph McCleary; Kay Ulrich; Ed Ulrich; Wayne Williams, as individuals and as representative of a class of persons similarly situated; Community Television of Utah, Inc.; Community Cable of Utah, Inc.; Utah Satellite, Inc.; and Wasatch Community T.V., Inc., Plaintiffs-Appellees,
Home Box Office, Inc., Plaintiff-in-Intervention-Appellee,
v.
Honorable David L. WILKINSON, Attorney General of the State of Utah, in his official capacity and as representative of a class of all persons empowered to enforce the Cable Television Programming Decency Act (S.B. 309), Defendant-Appellant,
Morality In Media, Inc., National Cable Television Association, Inc., the Freedom of Expression Foundation, Inc., Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 8, 1986.
September 8, 1986.
Attorney(s) appearing for the Case
Bryan L. McDougal, Salt Lake City, Utah, George H. Shapiro, of Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., and Patricia A. O'Rorke, of the American Civil Liberties Union, Salt Lake City, Utah (Donald B. Holbrook and LeGrand R. Curtis, Jr., of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, James P. Mercurio and Gerald E. Oberst, Jr. of Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., and, of counsel, Faith Wender of Home Box Office, Inc., Los Angeles, Cal., with them on the brief), for plaintiffs-appellees.
Lloyd C. Eldredge, Salt Lake City, Utah, filed a brief for amicus curiae Morality in Media, Inc.
Brenda L. Fox and Seth A. Davidson, Washington, D.C., filed a brief, for amicus curiae National Cable Television Ass'n, Inc.
David M. Hunsaker of Putbrese & Hunsaker, McLean, Virginia, and M. Joel Bolstein and Craig R. Smith of Freedom of Expression Foundation, Inc. filed a brief, for amicus curiae The Freedom of Expression Foundation, Inc.
Charles A. Hobbs, Sp. Asst. Atty. Gen., for the State of Utah, Washington, D.C., and David L. Wilkinson, Atty. Gen. of the State of Utah, Salt Lake City, Utah (Robert N. Parrish, Asst. Atty. Gen., Theodore A. Shields, of Hobbs, Straus, Dean & Wilder, Washington, D.C., of counsel, with them on the briefs), for defendant-appellant.
Before LOGAN and BALDOCK, Circuit Judges, and SAFFELS, District Judge.
United States Court of Appeals, Tenth Circuit.
PER CURIAM.
Several Utah cable television subscribers, as individuals and as representatives of a class of persons similarly situated, and several Utah cable television operators filed separate suits for declaratory and injunctive relief, challenging the validity, under federal law and the United States Constitution, of the Utah Cable Television Programming Decency Act, Utah Code Ann. §§ 76-10-1701 to -1708 (1983) (the Act). The suits named Utah Attorney...
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