ACTION FOR CHILDREN'S TELEVISION; American Civil Liberties Union; The Association of Independent Television Stations, Inc.; Capital Cities/ABC, Inc.; CBS Inc.; Fox Television Stations, Inc.; Greater Media, Inc.; Infinity Broadcasting Corporation; Motion Picture Association of America, Inc.; National Association of Broadcasters; National Public Radio; People for the American Way; Post-Newsweek Stations, Inc.; Public Broadcasting Service; Radio-Television News Directors Association; Reporters Committee for Freedom of the Press; Society of Professional Journalists, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents,
Morality in Media; National Family Legal Foundation; American Family Association; Focus on the Family; National Law Center for Children and Families; Concerned Women of America; National Coalition Against Pornography; National Association of Evangelicals; Religious Alliance Against Pornography; Family Research Council; National Religious Broadcasters, Amici Curiae.
PACIFICA FOUNDATION; National Federation of Community Broadcasters; American Public Radio; National Association of College Broadcasters; Intercollegiate Broadcast System; Pen American Center; Allen Ginsberg, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 13, 1993.
Decided November 23, 1993.
Rehearing Denied; Rehearing Granted, Judgment Vacated February 16, 1994.
Attorney(s) appearing for the Case
Timothy B. Dyk, argued the cause for petitioners Action for Children's Television, et al., in No. 93-1092. With him on the joint brief were Barbara McDowell, Marjorie Heins, James J. Popham, Molly Pauker, Steven A. Lerman, Dennis P. Corbett, Laura B. Humphries, John P. Crigler, Elliot M. Mincberg, Henry L. Baumann, Steven A. Bookshester, Theodore A. Miles, Karen Christensen, Eric M. Lieberman, Thomas C. Viles, Andrew J. Schwartzman, Jonathan D. Blake, Paula A. Jameson, Nancy H. Hendry, J. Laurent Scharff, Jane E. Kirtley, Bruce W. Sanford and Henry S. Hoberman. Steven R. Shapiro entered an appearance for petitioner American Civil Liberties Union in No. 93-1092. Martin Wald entered an appearance for petitioner Post-Newsweek Stations, Inc., in No. 93-1092.
Eric M. Lieberman argued the cause for petitioners Pacifica Foundation, et al., in No. 93-1100. With him on the brief was John P. Crigler. Thomas C. Viles entered an appearance for petitioners in No. 93-1100.
Jane E. Mago, Asst. Gen. Counsel, F.C.C., argued the cause for respondents. With her on the brief were Renee Licht, Acting Gen. Counsel, Daniel McMullen Armstrong, Asst. Gen. Counsel, Clifford G. Pash, Jr., and Peter A. Tenhula, Counsel, F.C.C., and Barbara L. Herwig and Jacob M. Lewis, Attys., U.S. Dept. of Justice.
On the joint brief for amici curiae were George R. Grange, James P. Mueller and Paul J. McGeady.
Before MIKVA, Chief Judge, WALD and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing Denied; Rehearing In Banc Granted, Judgment Vacated February 16, 1994.*
Opinion for the Court filed by Circuit Judge WALD.
Opinion concurring specially filed by Circuit Judge HARRY T. EDWARDS.
WALD, Circuit Judge:
Petitioners, a group of broadcasters, authors, program suppliers, listeners, and viewers challenge the constitutionality of a Federal Communications Commission ("FCC" or "Commission") order,...
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