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PLAYBOY ENTERTAINMENT GROUP, INC. v. U.S.

No. Civ.A. 96-94-JJF.

30 F.Supp.2d 702 (1998)

PLAYBOY ENTERTAINMENT GROUP, INC., Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. Delaware.

December 28, 1998.

Attorney(s) appearing for the Case

A. Gilchrist Sparks, III, Maryellen Noreika, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Robert Corn-Revere, Jean S. Moore, Ronald J. Wiltsie, II, Hogan & Hartson, L.L.P., Washington, DC, of counsel Burton Joseph, of Barsy, Joseph & Lichtenstein, Chicago, IL, for Plaintiff.

Richard G. Andrews, Acting United States Attorney, Patricia C. Hannigan, Assistant United States Attorney of the United States Attorney's Office, Wilmington, DE, of counsel Daniel M. Armstrong, Associate General Counsel, P. Michele Ellison, Deputy Associate General Counsel, Nancy L. Kiefer, of the Office of General Counsel, Federal Communications Commission, Washington, DC, Frank W. Hunger, Assistant Attorney General, Dennis G. Linder, Director, Federal Programs Branch, Theodore C. Hirt, Assistant Director, Federal Programs Branch, James J. Gilligan, Judry L. Subar and Andrea G. Cohen, Trial Attorneys, United States Department of Justice, Washington, DC, for Defendants.

OPINION OF THE COURT

ROTH, Circuit Judge.

Plaintiff, Playboy Entertainment Group, Inc. ("Playboy") challenges the constitutionality of section 505 of the Communications Decency Act of 1996, 47 U.S.C. § 561 ("CDA") which regulates signal bleed, i.e., the partial reception of sexually explicit adult cable television programming in the homes of non-subscribers to that programming. Playboy seeks a declaratory judgment that § 505 violates...

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