No. 88-1689.

896 F.2d 780 (1990)

FABULOUS ASSOCIATES, INC. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Robert Casey, Governor of the Commonwealth of Pennsylvania, LeRoy S. Zimmerman, Attorney General of the Commonwealth of Pennsylvania, and Bell Telephone Co. of Pennsylvania. SAPPHIRE COMMUNICATIONS OF PENNSYLVANIA, INC. v. Robert P. CASEY, LeRoy S. Zimmerman, and William Shane, individually and in their official capacities. Appeal of PENNSYLVANIA PUBLIC COMMISSION, Governor Robert P. Casey, Attorney General LeRoy Zimmerman and Chairman of the Public Utility Commission, William Shane.

United States Court of Appeals, Third Circuit.

Decided February 16, 1990.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Thomas B. York (argued), Deputy Atty. Gen., Calvin R. Koons, John G. Knorr, III, Chief Deputy Attys. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellants.

David Rudovsky (argued), Kairys & Rudovsky, Philadelphia, Pa., for appellee, Fabulous Associates, Inc.

Helen H. Richardson (argued), Phillips and Phelan, Philadelphia, Pa. (Lawrence E. Abelman, Norman S. Beier, Abelman, Frayne, Rezac & Schwab, New York City, of counsel), for appellee, Sapphire Communications of Pennsylvania, Inc.

Mary E. Kohart, Paul R. Fitzmaurice, M. Lisabeth Shean (Drinker Biddle & Reath, of counsel), Philadelphia, Pa., for amicus curiae, American Civ. Liberties Union of Pennsylvania.

Before SLOVITER, GREENBERG, and GARTH, Circuit Judges.


SLOVITER, Circuit Judge.

A 1988 amendment to the Pennsylvania Public Utility Act requires, inter alia, that adults who wish to listen to sexually explicit recorded telephone messages apply for a nine-digit access code to receive such messages. The Act prohibits issuance of access codes to minors. Two companies that provide such recorded message services filed suit against the Pennsylvania...

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