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

No. 93-5178.

59 F.3d 1249 (1995)

ACTION FOR CHILDREN'S TELEVISION; American Civil Liberties Union; the Association of Independent Television Stations, Inc.; Evergreen Media Corporation; EZ Communications, Inc.; Fox Broadcasting Company, Inc.; Fox Television Stations, Inc.; Greater Media, Inc.; Infinity Broadcasting Corporation; Motion Picture Association of America, Inc.; National Association of Broadcasters; National Association of College Broadcasters; National Public Radio; People for the American Way; Post-Newsweek Stations, Inc.; Public Broadcasting Service; Radio-Television News Directors Association; Shamrock Broadcasting, Inc.; Society of Professional Journalists; South Fork Broadcasting Corporation; Twentieth Century-Fox Film Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1995.

Attorney(s) appearing for the Case

Timothy B. Dyk, Washington, DC, argued the cause and filed the briefs for appellants.

Sally M. Rider, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Before EDWARDS, Chief Judge, GINSBURG, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Opinion concurring with reservations filed by Chief Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge TATEL.

GINSBURG, Circuit Judge:

Various broadcasters and public-interest groups representing listeners and viewers appeal a judgment of the district court dismissing their constitutional and statutory challenges to the Federal Communication Commission's scheme for imposing...

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