ALLIANCE FOR COMMUNITY MEDIA; the Alliance for Communications Democracy; People for the American Way, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents,
New York Citizens Committee for Responsible Media; Media Access New York; Brooklyn Producers' Group; David Channon; National Cable Television Association, Inc., Intervenors (Two Cases).
DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM; American Civil Liberties Union, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
New York Citizens Committee for Responsible Media; Media Access New York; Brooklyn Producers' Group; David Channon; National Cable Television Association, Inc., Intervenors,
Morality in Media, Amicus Curiae.
AMERICAN CIVIL LIBERTIES UNION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents,
New York Citizens Committee for Responsible Media; Media Access New York; Brooklyn Producers' Group; David Channon; National Cable Television Association, Inc., Intervenors,
National Law Center for Children and Families; National Legal Foundation, Amici Curiae.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 14, 1993.
Decided November 23, 1993.
Rehearing Denied; Rehearing Granted, Judgment Vacated February 16, 1994.
Attorney(s) appearing for the Case
I. Michael Greenberger, argued the cause for petitioners in Nos. 93-1169, 93-1171, 93-1270 and 93-1276. With him on the joint briefs were Charles S. Sims, Marjorie Heins, Lisolette E. Mitz, Arthur Barry Spitzer, James Ned Horwood, Andrew Jay Schwartzman and Elliot M. Mincberg. Michael Kenneth Isenman was on the brief for petitioners the Alliance for Communications Democracy and People for the American Way in No. 93-1270.
Gregory M. Christopher, Counsel, F.C.C., argued the cause for respondents. With him on the brief were Renee Licht, Acting Gen. Counsel, F.C.C., Daniel McMullen Armstrong, Associate Gen. Counsel, F.C.C., Stuart E. Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Barbara L. Herwig and Jacob M. Lewis, Attys., U.S. Dept. of Justice.
On the brief for intervenor Nat. Cable Television Ass'n, Inc., were Daniel Leslie Brenner, Michael Stuart Schooler and Diane B. Burstein.
On the joint brief for amicus curiae Nat. Law Center for Children and Families and Nat. Family Legal Foundation, were H. Robert Showers, Jr., and James P. Mueller.
Robert Thomas Perry, entered an appearance for intervenors New York Citizens Committee for Responsible Media, Media Access New York, Brooklyn Producers' Group and David Channon.
Paul J. McGeady, entered an appearance for amicus curiae Morality in Media in No. 93-1171.
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.
WALD, Circuit Judge:
Petitioners, a group of cable programmers and organizations of listeners and viewers, seek review of two orders issued by the Federal Communications Commission ("FCC" or "Commission") regulating indecent programming on cable "access" channels. Access channels are those...
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