MOSER v. F.C.C.

No. 93-35686.

46 F.3d 970 (1995)

Kathryn MOSER; National Association of Telecomputer Operators, Plaintiffs-Appellees, v. FEDERAL COMMUNICATIONS COMMISSION, a federal agency; James H. Quello, in his capacity as interim Chairman of the Federal Communications Commission, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1995.


Attorney(s) appearing for the Case

Mark B. Stern, U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

Charles F. Hinkle, Stoel Rives Boley Jones & Grey, Portland, OR, for plaintiffs-appellees.

Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges.


FLETCHER, Circuit Judge:

The Federal Communications Commission ("FCC") appeals the district court's ruling on summary judgment that a provision of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, banning prerecorded telemarketing calls violates the First Amendment. The FCC argues as a threshold matter that the district court lacked jurisdiction and, on the merits, that the district court erred in finding that the statute did not constitute a "reasonable...

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