BECKER v. F.C.C.

Nos. 95-1048, 95-1056.

95 F.3d 75 (1996)

Daniel BECKER and Washington Area Citizens Coalition Interested in Viewers' Constitutional Rights, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. WAGA License, Inc., et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1996.

Rehearing Denied November 13, 1996.


Attorney(s) appearing for the Case

Andrew J. Schwartzman, Washington, DC, with whom Gigi B. Sohn was on the briefs for petitioner Washington Area Citizens Coalition Interested in Viewers' Constitutional Rights, argued the cause for both petitioners. A. Wray Fitch III and H. Robert Showers were on the briefs for petitioner Daniel Becker.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission ("FCC"), Washington, DC, with whom William E. Kennard, General Counsel, and Clifford G. Pash, Jr., Counsel, FCC, and Anne K. Bingaman, Assistant Attorney General, Robert B. Nicholson, and Andrea Limmer, Attorneys, United States Department of Justice, were on the brief, argued the cause for respondents.

Irving Gastfreund, Washington, DC, was on the brief for intervenor WAGA License, Inc. Henry L. Baumann, Jack N. Goodman, and Steven A. Bookshester entered appearances for intervenor National Association of Broadcasters. Joel H. Levy entered an appearance for intervenor Louisiana Television Broadcasting Corporation. Robert B. Jacobi entered an appearance for intervenor Cohn & Marks.

Before SILBERMAN and ROGERS, Circuit Judges, and BUCKLEY, Senior Circuit Judge.


BUCKLEY, Senior Circuit Judge:

These consolidated cases arise from the efforts of a candidate for federal office to air political advertisements portraying images of aborted fetuses during time periods of his selection. Petitioners Washington Area Citizens Coalition Interested in Viewers' Constitutional Rights ("WACCI") and the candidate, Daniel Becker, seek review of a Federal Communications Commission order permitting a broadcast licensee to restrict the broadcast...

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