ACTION FOR CHILDREN'S TELEVISION v. F.C.C.

No. 92-2225.

999 F.2d 19 (1993)

ACTION FOR CHILDREN'S TELEVISION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents. Coalition on Smoking or Health, Intervenor.

United States Court of Appeals, First Circuit.

Decided July 22, 1993.


Attorney(s) appearing for the Case

Sharon L. Webber with whom Angela J. Campbell and Henry Geller, Washington, DC, were on brief, for petitioner and intervenor.

C. Grey Pash, Jr., Counsel, FCC, with whom Renee Licht, Acting Gen. Counsel, F.C.C., Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Robert B. Nicholson and Marion L. Jetton, Attys., U.S. Dept. of Justice, Washington, DC, were on brief, for respondents.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.


BOUDIN, Circuit Judge.

Action for Children's Television ("ACT") petitions for review of the decision of the Federal Communications Commission denying ACT's request that the FCC take action to combat "hidden commercials" on television that promote smoking. We deny the petition.

In 1966, acting on a private citizen petition, the FCC required broadcasters, under the "fairness doctrine," to air anti-smoking messages in response to advertisements by cigarette companies...

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