League of Women Voters v. Federal Communications Commission

ORDER GRANTING UNITED STATES SENATE’S MOTION TO APPEAR AMICUS CURIAE, DENYING PLAINTIFFS’ MOTION TO DISALLOW FILING OF SENATE’S MOTION TO DISMISS, AND GRANTING SENATE’S MOTION TO DISMISS

This action was originally commenced on April 30, 1979 by the League of Women Voters of California, Congressman Henry Waxman, and Pacifica Foundation against the Federal Communications Commission seeking declaratory and injunctive relief against the enforcement of 47 U.S.C. § 399 (a). That section forbids noncommercial broadcast licensees to editorialize or to endorse or oppose candidates for public office. Subsequently, a first amended complaint was filed on August 28, 1979. The gravamen of the complaint is that 47 U.S.C. § 399 (a) is unconstitutional on its face in that it violates the First Amendment rights to freedom of speech and of the press and, as to plaintiff Pacifica, that it violates the equal protection of the laws under the due process clause of the Fifth Amendment. Plaintiffs noticed a motion for summary judgment on September 24, 1979. In the Stipulation re: Time for Filing Defendant’s Response to Plaintiff’s Motion for Summary Judgment and Hearing Thereon, filed on October 23,…