RADIO-TELEVISION NEWS DIRECTORS ASS'N v. F.C.C.

No. 85-1691.

809 F.2d 860 (1987)

RADIO-TELEVISION NEWS DIRECTORS ASSOCIATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Legal Foundation, Media Access Project, et al., Henry Geller, et al., American Newspaper Publishers Association, National Bar Association, et al., EUMEDIA, Inc., Democratic National Committee, et al., Westinghouse Broadcasting and Cable, Inc., Black Citizens for a Fair Media, et al., Office of Communication of the United Church of Christ, et al., American Federation of Labor and Congress of Industrial Organization, American Jewish Congress, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1987.


Attorney(s) appearing for the Case

Michael P. McDonald, Muskegon, Mich., entered an appearance for intervenors, American Legal Foundation.

N. Terry Maguire entered an appearance for intervenor, American Newspaper Publisher Assn.

Douglas L. Parker, Washington, D.C., entered an appearance for intervenors, Black Citizens for a Fair Black Media, et al.

John D. Lane, Ramsey L. Woodworth and Martin J. Gaynes, Washington, D.C., entered appearances for intervenor, Westinghouse Broadcasting and Cable, Inc.

Laurence Gold and David M. Silberman, Washington, D.C., entered appearances for intervenors, American Federation of Labor, et al.

Charles M. Firestone, Los Angeles, Cal., entered an appearance for intervenor, EUMEDIA, Inc.

Ronald A. Krauss, New York City, entered an appearance for intervenor, American Jewish Congress.

John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., entered appearances for Dept. of Justice.

Bruce Douglas Sokler, with whom Charles D. Ferris and Frank W. Lloyd, Washington, D.C., were on the brief for intervenors, Democratic Nat. Committee, et al.

Henry Geller, with whom Donna Lampert, Washington, D.C., was on brief for intervenors, Geller, et al.

Timothy B. Dyk, with whom Andrea Timko, Margaret L. Tobey, Adrienne Masters for CBS, Inc., J. Laurent Scharff, James M. Smith, Washington, D.C., for Radio-TV News, et al., David Hunsaker, McLean, Va., for Freedom of Expression Foundation, Inc., John A. Rafter, Werner K. Hartenberger for Multimedia, Inc., L. Stanley Paige for Post-Newsweek Station, Inc., Robert A. Beizer for Tribune Broadcasting Co., Henry L. Baumann, Steven A. Bookshester for Nat. Ass'n of Broadcasters, Michael H. Bader, John M. Pelkey for Meredith Corporation, Thomas Schattenfield, Mania K. Baghdadi for Nat. Radio Broadcasters Ass'n, Bruce W. Sanford, Washington, D.C., for Society of Professional Journalists, were on the joint brief for petitioners.

Jack D. Smith, Gen. Counsel, F.C.C., with whom Daniel M. Armstrong, Associate Gen. Counsel and C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., were on brief for respondents.

Andrew Jay Schwartzman, Robert M. Gurss, J. Clay Smith, Jr., Washington, D.C., and Earle K. Moore, Washington, D.C., were on brief for intervenors, Media Access Project, et al. David W. Danner entered an appearance for intervenors, Media Access Project, et al.

Before SILBERMAN and WILLIAMS, Circuit Judges, and JAMESON, Senior District Judge.


ORDER

PER CURIAM.

Upon consideration of Intervenors' motion to dismiss for lack of jurisdiction, responses thereto, and the oral argument of counsel, for the reasons set forth in the accompanying memorandum, it is

ORDERED by the Court that the motion is hereby granted with respect to Petitioners' constitutional challenge to the fairness doctrine. It is

FURTHER ORDERED by the Court that Intervenors' motion to dismiss for lack of jurisdiction...

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