BRANTON v. F.C.C.

No. 91-1115.

993 F.2d 906 (1993)

Peter BRANTON, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Radio-Television News Directors Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1993.


Attorney(s) appearing for the Case

Ronald D. Maines, Salt Lake City, UT, for petitioner.

James M. Carr, Counsel, F.C.C. ("FCC"), with whom Robert L. Pettit, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Jane E. Mago, Asst. Gen. Counsel, FCC, and Catherine G. O'Sullivan and James W. Lowe, Attys., U.S. Dept. of Justice, Washington, DC, were on the brief, for respondents. Sue Ann Kanter, Counsel, FCC, Washington, DC, entered an appearance, for respondents.

Timothy B. Dyk, with whom Barbara McDowell, Theodore E. Miles, and Karen K. Christensen (for National Public Radio), Paula A. Jameson and Nancy H. Hendry (for Public Broadcasting Service), J. Laurent Scharff, Washington, DC, (for Radio-Television News Directors Ass'n), and Jane E. Kirtley (for Reporters Committee for Freedom of the Press) were on the brief, for intervenors National Public Radio, et al.

Elliot M. Mincberg, Walter A. Smith, Jr., and Andrew Jay Schwartzman, Washington, DC, were on the brief, for intervenors People for American Way and the Washington Area Citizens Coalition Interested in Viewers' Constitutional Rights.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

This is a petition for review of a letter ruling of the Federal Communications Commission refusing to take action against National Public Radio for allegedly broadcasting "obscene, indecent, or profane" language in violation of 18 U.S.C. § 1464. We hold that the petitioner lacks standing under Article III of the Constitution...

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