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NATIONAL ASSOCIATION OF BROADCASTERS v. FCC

No. 21-1171.

39 F.4th 817 (2022)

NATIONAL ASSOCIATION OF BROADCASTERS, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 2022.

Attorney(s) appearing for the Case

Stephen B. Kinnaird argued the cause for petitioners. With him on the joint briefs were Richard Kaplan , Jerianne Timmerman , Robert E. Branson , David Honig , and James Winston .

William J. Scher , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Peter M. Bozzo , Attorneys, U.S. Department of Justice, and Jacob M. Lewis , Acting Deputy General Counsel, Federal Communications Commission.

Before: Pillard and Walker, Circuit Judges, and Randolph, Senior Circuit Judge.

In October 1964, Barry Goldwater's supporters sponsored thirty minutes of television time for an actor named Ronald Reagan to make a closing argument for Goldwater's struggling campaign. The speech — which failed to save Goldwater but launched Reagan on a path to the White House — was introduced with a stock...

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