MINORITY TELEVISION PROJECT, INC., Plaintiff-Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Defendants-Appellees, and
Lincoln Broadcasting Company, Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc March 19, 2013.
Filed December 2, 2013.
Attorney(s) appearing for the Case
Walter Elmer Diercks (argued), Rubin, Winston, Diercks, Harris & Cooke, LLP, Washington, D.C.; John L. Fitzgerald , Pinnacle Law Group, San Francisco, CA, for Plaintiff-Appellant.
Before: ALEX KOZINSKI, Chief Judge, and JOHN T. NOONAN, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, RONALD M. GOULD, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and ANDREW D. HURWITZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
McKEOWN, Circuit Judge:
Public television — a fixture of American life for decades — has showcased Masterpiece Theater, PBS NewsHour, children's programs such as Sesame Street and Curious George, and many more audience favorites. The hallmark of public broadcasting has been a longstanding restriction on paid advertising to minimize commercialization. In a classic case of "follow the money," Congress recognized that advertising would...
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