CBS CORPORATION; CBS Broadcasting Inc.; CBS Televisionstations Inc.; CBS Stations Group of Texas L.P.; and KUTV Holdings, Inc., Petitioners
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 11, 2007.
Opinion Filed November 2, 2011.
Decided July 21, 2008.
Certiorari Granted, Judgment Vacated and Remanded from the Supreme Court of the United States May 4, 2009.
Argued on Remand from the Supreme Court of the United States February 23, 2010.
John B. Morris, Jr., Esq. , Center for Democracy & Technology, Washington, D.C., for Amici Curiae-Petitioners, Center for Democracy & Technology and Adam Thierer, Senior Fellow, The Progress & Freedom Foundation.
Andrew J. Schwartzman, Esq. , Media Access Project, Washington, D.C., for Amicus Curiae-Petitioner, Center for Creative Voices in Media, Inc.
Carter G. Phillips, Esq. , Sidley Austin LLP, Washington, D.C., for Amicus Curiae-Petitioner, Fox Television Stations, Inc.
Christopher T. Craig, Esq. , Sparks & Craig LLP, McLean, VA, for Amicus Curiae-Respondents, Parents Television Council, Inc.
David P. Affinito, Esq. , Dell'Italia Affinito & Santola, Orange, NJ, for Amicus Curiae-Respondent, Morality In Media, Inc.
Steven H. Aden, Esq. , Alliance Defense Fund, Washington, D.C., for Amici Curiae-Respondents, Focus on the Family, Morality In Media, Inc. and Family Research Council.
Before: SCIRICA, RENDEL and FUENTES, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
RENDELL, Circuit Judge.
This matter comes before us on remand from the United States Supreme Court in light of its ruling in F.C.C. v. Fox Television Stations, Inc., 556 U.S. 502, 129 S.Ct. 1800, 173 L.Ed.2d 738 (2009). This case, like Fox, involves a tightening of the Federal Communications Commission's standards for the broadcast of fleeting indecent material. Fox concerned the...
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