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FREE SPEECH EX REL. RUGGIERO v. RENO

Docket Nos. 99-6083, 99-6163.

200 F.3d 63 (1999)

FREE SPEECH, by its member Greg RUGGIERO; Frank Morales, and Joan Mussey, Plaintiffs-Appellants, Steal This Radio, D.J. Thomas Paine, D.J. Carlos Rising, D.J. Sharin, D.J. E.S.E., Plaintiffs-Appellants, v. Janet RENO, as Attorney General of the United States and United States Department of Justice, Defendants-Appellees, Federal Communications Commission, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 29, 1999

Attorney(s) appearing for the Case

Robert T. Perry, New York, N.Y. (Barbara Olshansky, William Goodman, Center for Constitutional Rights, New York, NY, on the brief), for Plaintiffs-Appellants.

Beth E. Goldman, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, New York, NY, on the brief), for Defendants-Appellees.

Before: WALKER, LEVAL and POOLER, Circuit Judges.

PER CURIAM:

Plaintiffs, a low power radio station broadcasting in New York City without a license ("Steal This Radio"), four of its disk jockeys ("D.J. Thomas Paine," "D.J. Carlos Rising," "D.J. Sharin," and "D.J. E.S.E."), and a group of listeners and supporters ("Free Speech"), appeal from the district court's order dismissing their complaint and granting the Government's request for a preliminary injunction. The complaint challenged the broadcast licensing scheme...

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