EDGE BROADCASTING CO. v. U.S.

No. 90-2668.

5 F.3d 59 (1992)

EDGE BROADCASTING COMPANY, t/a Power 94, Plaintiff-Appellee, v. UNITED STATES of America; Federal Communications Commission, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1992.


Attorney(s) appearing for the Case

Robert David Kamenshine, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Anthony J. Steinmeyer, Civ. Div., U.S. Dept. of Justice, Washington DC, Henry E. Hudson, U.S. Atty., Norfolk, VA, Nancy Stanley, F.C.C., Washington, DC, on brief), for defendants-appellants.

Conrad Moss Shumadine, Willcox & Savage, P.C., Norfolk, VA, argued (Walter D. Kelley, Jr., Cecelia A. Weschler, Willcox & Savage, P.C., Norfolk, VA, Wayne G. Souza, Croshaw, Siegel, Beale, Hauser & Lewis, P.C., Virginia Beach, VA, on brief), for plaintiff-appellee.

Before WIDENER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and HADEN, Chief District Judge for the Southern District of West Virginia, sitting by designation.


OPINION

PER CURIAM:

The Federal Communications Commission appeals a judgment construing 18 U.S.C. §§ 1304 and 1307 as governing only commercial speech and holding the application of 18 U.S.C. §§ 1304 and 1307 limiting advertising by a radio station to be an unconstitutional restriction on commercial speech. 732 F.Supp. 633. We affirm.

I.

Edge Broadcasting Corporation (Edge) owns...

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