Jones v. Wilkinson

BALDOCK, Circuit Judge,

specially concurring.

The per curiam opinion affirms the judgment on the basis of the district court’s opinion. Community Television of Utah, Inc. v. Wilkinson, 611 F.Supp. 1099 (D. Utah 1985). Although precedent compels me to agree that the Utah Cable Television Programming Decency Act (Cable Decency Act), Utah Code Ann. §§ 76-10-1701 to 76-10-1708 (1986 Supp.) is both vague and overbroad, I respectfully find that the Cable Decency Act does not withstand constitutional challenge on somewhat different and narrower grounds than the district court. I write separately…