The 9th U.S. Circuit Court of Appeals ordered a rehearing of...
The 9th U.S. Circuit Court of Appeals ordered a rehearing of a case in which a panel of judges ruled it unconstitutional to bar public broadcasting stations from airing political ads. This year, 9th Circuit judges decided 2-1 that the…
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ban violates the First Amendment (CD April 13 p2). The three-judge panel opinion “shall not be cited as precedent by or to any court of the Ninth Circuit,” Chief Judge Alex Kozinski said in an order (http://xrl.us/bn3w38). The decision was made in the Minority Television Project’s (MTP) case against the FCC, which fined MTP $10,000 for running ads on KMTP-TV San Francisco. The rehearing was requested by the Justice Department, which said the panel majority applied erroneous legal standards and misinterpreted the record “to reach a result that threatens the noncommercial, educational character of public broadcasting,” in its rehearing petition (http://xrl.us/bn3w3m).