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DENVER AREA ED. TELECOMMUNICATIONS CONSORTIUM, INC. v. FEDERAL COMMUNICATIONS COMMISSION

No. 95-124.

518 U.S. 727 (1996)

116 S.Ct. 2374

135 L.Ed.2d 888

DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM, INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al.

Supreme Court of United States.

Decided June 28, 1996.

Attorney(s) appearing for the Case

I. Michael Greenberger argued the cause for petitioners. With him on the brief for the Alliance for Community Media et al., petitioners in No. 95-227, were James N. Horwood, Andrew Jay Schwartzman, Gigi Sohn, Elliot Mincberg, Lawrence Ottinger, Thomas J. Mikula, and Mark S. Raffman. Robert T. Perry and Brian D. Graifman filed briefs for the New York Citizens Committee for Responsible Media et al., petitioners in No. 95-227. Charles S. Sims, Steven R. Shapiro, and Marjorie Heins filed briefs for the American Civil Liberties Union et al., petitioners in No. 95-124.

Deputy Solicitor General Wallace argued the cause for respondents in both cases. With him on the briefs for the federal respondents were Solicitor General Days, Assistant Attorney General Hunger, James A. Feldman, Barbara L. Herwig, Jacob M. Lewis, William E. Kennard, and Christopher J. Wright. Daniel L. Brenner, Neal M. Goldberg, and Diane B. Burstein filed a brief for the National Cable Television Association, Inc., respondent in both cases.†

Justice Breyer announced the judgment of the Court and delivered the opinion of the Court with respect to Part III, an opinion with respect to Parts I, II, and V, in which Justice Stevens, Justice O'Connor, and Justice Souter join, and an opinion with respect to Parts IV and VI, in which Justice Stevens and Justice Souter join.

These cases present First Amendment challenges to three statutory provisions that seek to regulate the broadcasting of "patently offensive...

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