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MINORITY TELEVISION PROJECT, INC. v. F.C.C.

No. 09-17311.

676 F.3d 869 (2012)

MINORITY TELEVISION PROJECT, INC., Plaintiff-Appellant, v. FEDERAL COMMUNICATIONS COMMISSION; et al., Defendants-Appellees, and Lincoln Broadcasting Company, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2012.

Attorney(s) appearing for the Case

Walter E. Diercks , Rubin, Winston, Diercks, Harris & Cooke LLP, Washington, DC, for the plaintiff-appellant.

Mark B. Stern , United States Department of Justice, Civil Division, Appellate Staff, for the defendants-appellees.

Opinion by Judge BEA; Concurrence in Judgment by Judge NOONAN; Dissent by Judge PAEZ.

OPINION

BEA, Circuit Judge:

A federal statute, 47 U.S.C. § 399b prohibits public broadcast radio and television stations1 from transmitting over the public airways: 1) advertisements for goods and services on behalf of for-profit entities, 2) advertisements regarding issues of public importance or interest ("public issues"), and 3) political advertisements. 47 U.S.C. § 399b(a). The statute is therefore a content-based...

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