ALLIANCE FOR COMMUNITY MEDIA v. F.C.C.

Nos. 93-1169, 93-1171, 93-1270 and 93-1276.

56 F.3d 105 (1995)

ALLIANCE FOR COMMUNITY MEDIA; 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. DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM, INC.; 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. ALLIANCE FOR COMMUNITY MEDIA; 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. 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.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 1995.


Attorney(s) appearing for the Case

I. Michael Greenberger, argued the cause, for petitioners. With him on the briefs, were Charles S. Sims, Lisolette E. Mitz, Marjorie Heins and Arthur B. Spitzer, for petitioners Denver Area Educational Telecommunications Consortium, Inc. and the American Civil Liberties Union, David A. Bono, Michael K. Isenman and David B. Goodhand, for petitioners the Alliance for Community Media, the Alliance for Communications Democracy, and People for the American Way, James N. Horwood, for petitioners the Alliance for Community Media and the Alliance for Communications Democracy, Andrew J. Schwartzman and Elliot Mincberg for petitioner People for the American Way.

Jacob M. Lewis, Atty., Dept. of Justice, argued the cause, for respondents. With him on the brief, were Frank W. Hunger, Asst. Atty. Gen., and Barbara L. Herwig, Atty., Dept. of Justice, William E. Kennard, Gen. Counsel, Christopher J. Wright, Deputy Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Gregory M. Christopher, Counsel, F.C.C.

Robert T. Perry, was on the brief, for intervenors New York Citizens Committee for Responsible Media, Media Access New York, Brooklyn Producers' Group, and David Channon. Daniel L. Brenner, Neal M. Goldberg and Diane B. Burstein, were on the brief, for intervenor National Cable Television Ass'n, Inc. H. Robert Showers, was on the joint brief, for amici curiae National Law Center for Children and Families. With him on the joint brief were James P. Mueller for National Family Legal Foundation and Paul McGeady for Morality in Media, Inc.

Before: EDWARDS, Chief Judge, WALD, SILBERMAN, BUCKLEY, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, and TATEL, Circuit Judges.


Argued In Banc October 19, 1994.

Opinion for the court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge WALD, in which Circuit Judge TATEL joins and Circuit Judge ROGERS joins as to Parts II and III.

Opinion dissenting in part filed by Chief Judge EDWARDS.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

RANDOLPH, Circuit Judge:

...

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