CBS CORPORATION; CBS Broadcasting Inc.; CBS Television Stations, Inc.; CBS Stations Group of Texas L.P.; and KUTV Holdings, Inc., Petitioners
v.
FEDERAL COMMUNICATION COMMISSION; United States of America, Respondents.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 11, 2007.
Filed July 21, 2008.
As Amended August 6, 2008.
Attorney(s) appearing for the Case
Robert Corn-Revere, Esquire (Argued), Davis Wright Tremaine LLP, Washington, D.C., Jerome J. Shestack, Wolf Block Schorr and Solis-Cohen LLP, Philadelphia, PA, Attorneys for Petitioners.
Eric D. Miller, Esquire (Argued), United States Department of Justice, Civil Division, Joseph R. Palmore, Esquire, Federal Communications Commission, Office of General Counsel, Thomas M. Bondy, United States Department of Justice, Appellate Section, Washington, D.C., Attorneys for Respondents.
John B. Morris, Jr., Esquire, Center for Democracy & Technology, Washington, D.C., Attorney for Amici Curiae-Petitioners, Center for Democracy & Technology and Adam Thierer, Senior Fellow, The Progress & Freedom Foundation.
Nancy Winkelman, Esquire, Schnader Harrison Segal & Lewis, Philadelphia, PA, Attorney for Amici Curiae-Petitioners, Former FCC Officials Henry Geller and Glen O. Robinson.
Andrew J. Schwartzman, Esquire, Media Access Project, Washington, D.C., Attorney for Amicus Curiae-Petitioner, Center for Creative Voices in Media, Inc.
Carter G. Phillips, Esquire, Sidley Austin LLP, Washington, D.C., Attorney for Amicus Curiae-Petitioner, Fox Television Stations, Inc.
Christopher T. Craig, Esquire, Sparks & Craig LLP, McLean, VA, Attorney for Amicus Curiae-Respondent, Parents Television Council, Inc.
Thomas B. North, Pro Se Amicus Curiae-Respondent.
David P. Affinito, Esquire, Dell'Italia Affinito & Santola, Orange, NJ, Attorney for Amicus Curiae-Respondent, Morality In Media, Inc.
Before: SCIRICA, Chief Judge, RENDELL and FUENTES, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Chief Judge.
In this petition for review, CBS appeals orders of the Federal Communications Commission imposing a monetary forfeiture under 47 U.S.C. § 503(b) for the broadcast of "indecent" material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The sanctions stem from CBS's live broadcast of the Super Bowl XXXVIII Halftime Show, in which two performers deviated from the show's script resulting in the...
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