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AMERICAN LIBRARY ASS'N v. F.C.C.

No. 04-1037.

401 F.3d 489 (2005)

AMERICAN LIBRARY ASSOCIATION, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Motion Picture Association Of America, Inc., et al. Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Filed March 15, 2005.

Attorney(s) appearing for the Case

Pantelis Michalopoulos argued the cause for petitioners. With him on the briefs were Cynthia L. Quarterman, Rhonda M. Bolton, Lincoln L. Davies, and Gigi B. Sohn.

Jacob M. Lewis, Attorney, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Assistant Attorney General, Catherine G. O'Sullivan and James J. Fredricks, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, Austin C. Schlick, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and C. Grey Pash, Jr., Counsel.

Christopher Wolf, Bruce E. Boyden, Mace J. Rosenstein, and Catherine E. Stetson were on the brief for intervenor Motion Picture Association of America, Inc.

Before: EDWARDS, SENTELLE, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Dissenting opinion filed by Circuit Judge SENTELLE.

HARRY T. EDWARDS, Circuit Judge.

This case involves a challenge by petitioners American Library Association, et al. to a rule adopted by the Federal Communications Commission ("FCC" or "Commission") requiring digital television receivers and related electronic equipment manufactured on or after July 1, 2005 to give effect to the "broadcast...

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