No. 88-1916.

932 F.2d 1504 (1991)

ACTION FOR CHILDREN'S TELEVISION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Children's Legal Foundation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1991.

Attorney(s) appearing for the Case

Timothy B. Dyk, for petitioner and for Capital Cities/ABC, Inc., and CBS, Inc., with whom Henry Geller and Donna Lampert, for Action for Children's Television, John A. Powell and C. Edwin Baker, for American Civ. Liberties Union, James Popham, for Ass'n of Independent Television Stations, Inc., Steven A. Lerman, Dennis P. Corbett, and Laura B. Humphries, for Infinity Broadcasting Corp., Fritz E. Attaway, for Motion Picture Ass'n of America, Inc., Henry L. Baumann and Stephen A. Bookshester, for Nat. Ass'n of Broadcasters, Howard Monderer, for Nat. Broadcasting Co., Inc., Theodore A. Miles and Karen Christensen, for Nat. Public Radio, Andrew Jay Schwartzman and Jan G. Levine, for People for the American Way, Jonathan D. Blake, for Post-Newsweek Stations, Inc., Paula A. Jameson and Nancy H. Hendry, for Public Broadcasting Service, J. Laurent Scharff, for Radio-Television News Directors Ass'n, Jane E. Kirtley, for The Reporters Committee for Freedom of the Press, and Bruce W. Sanford, for Soc. of Professional Journalists, were on the joint brief, for petitioners Action for Children's Television, et al. Molly Pauker, for Nat. Broadcasting Co., Inc., Lois Schiffer, for Nat. Public Radio, Martin Wald and Janet E. Milne, for Post-Newsweek Stations, Inc., and James M. Smith, for Radio-Television News Directors Ass'n, also entered appearances for petitioners.

Eric M. Lieberman, with whom John Crigler, William J. Byrnes, and Edward de Grazia, were on the brief, for petitioner The Pacifica Foundation and intervenors PEN American Center, Allen Ginsberg, et al.

Robert L. Pettit, Gen. Counsel, F.C.C., with whom Daniel M. Armstrong, Associate Gen. Counsel, Jane E. Mago, Sue Ann Preskill, and Laurence N. Bourne, Counsel, F.C.C., and Barbara L. Herwig and Jacob M. Lewis, Attys., Dept. of Justice, were on the brief, for respondents.

James P. Mueller, for Children's Legal Foundation and American Family Ass'n, Peggy M. Coleman, for American Family Ass'n and Paul J. McGeady, for Morality in Media, Inc., were on the joint brief, for intervenors and amicus curiae.

Before MIKVA, Chief Judge, and EDWARDS and THOMAS, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

This case presents constitutional challenges to a Federal Communications Commission ("FCC" or "the Commission") order, promulgated at the direction of Congress, barring all radio and television broadcasts of "indecent" material. We believe that the disposition of this case is governed by our prior decision in Action for Children's Television v. Federal Communications Commission, ...

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