United States Ninth Circuit

Summary judgment in favor of the government in an action brought by plaintiff, a public television broadcaster, challenging, on First Amendment grounds, 47 U.S.C. section 399b, which prohibits public radio and television stations from transmitting paid advertisements for for-profit entities, issues of public importance or interest, and political candidates, is affirmed, where: 1) intermediate scrutiny applies; 2) in applying intermediate scrutiny, the advertising ban is constitutional; and 3) the district court also properly dismissed the as-applied challenges to the statute and to the related regulation, 47 C.F.R. section 73.621(e), on the grounds that jurisdiction over challenges to Federal Communication Commission orders lies exclusively in the court of appeals; as such, federal district courts lack jurisdiction over appeals of such orders.

Appellate Information

• Decided 12/02/2013
• Published 12/02/2013

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel