NEWS AMERICA PUB., INC. v. F.C.C.

No. 88-1037.

844 F.2d 800 (1988)

NEWS AMERICA PUBLISHING, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, The Committee for Media Diversity, et al., Wilbert A. Tatum, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Howard M. Squadron and Burt Neuborne, with whom Slade R. Metcalf, New York City, Michael R. Gardner and James P. Denvir, Washington, D.C., were on the brief, for appellant.

Diane S. Killory, Gen. Counsel, with whom Daniel M. Armstrong, Associate Gen. Counsel, and C. Grey Pash, Jr., Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

Kenneth Berlin, Washington, D.C., for intervenor, Wilbert A. Tatum.

Andrew Jay Schwartzman and David W. Danner, Washington, D.C., were on the brief, for intervenors, Committee for Media Diversity, et al.

Timothy B. Dyk, Patrick J. Carome and Teresa D. Baer, Washington, D.C., were on the brief, for intervenor, CBS, Inc.

Floyd Abrams, New York City, and W. Terry Maguire were on the brief, for amicus curiae, American Newspaper Publishers Ass'n, urging reversal.

Steven R. Shapiro, New York City, was on the brief, for amicus curiae, American Civil Liberties Union Foundation and the New York Civil Liberties Union, urging reversal.

Marshall E. Lippman, New York City, was on the brief, for amicus curiae, Newspaper and Mail Deliverers Union of New York and Vicinity, urging reversal.

Steven R. Ross, Gen. Counsel to the Clerk, Charles Tiefer, Deputy Gen. Counsel to the Clerk, Michael L. Murray, Asst. Counsel to the Clerk and Janina Jaruzelski, Asst. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., were on the brief, for amici curiae, Speaker and Bipartisan Leadership Group of the U.S. House of Representatives, urging affirmance.

Before ROBINSON, SILBERMAN and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILLIAMS.

Dissenting Opinion filed by Circuit Judge ROBINSON.

WILLIAMS, Circuit Judge:

On December 22, 1987 Congress passed and the President signed a 471-page Continuing Resolution (printed only in a 1,194-page Conference Report) appropriating all of the funds for the federal government for fiscal year 1988. Pub.L. No. 100-202, 101 Stat. 1329 (1987). On page 34...

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