Legal Opinion
Carlin Communications, Inc. And Drake Publishers, Inc. v. Federal Communications Commission and United States of America
Court of Appeals for the Second Circuit
Decided April 11, 1986No. 638, Docket 85-4158PublishedCited by 17 opinions
1Opinion of the Court
OAKES, Circuit Judge:
We are not without empathy towards a federal agency torn between a congressional directive on the one hand and a court-imposed constitutional limitation on the other hand. Congress has directed the Federal Communications Commission (“Commission” or “FCC”) to make regulations restricting access by minors to “dial-a-porn,” the shorthand nomenclature of a telephone service that provides a caller with sexually explicit messages. 47 U.S.C. § 223(b)(2) (Supp. I 1983).
Under section 223(b)(2), compliance with these regulations establishes a defense to criminal prosecution for…
2Cases cited9 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sable Communications of California, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1989
- Sable Communications of California, Inc. v. Federal Communications Commission, Edwin Meese, Attorney General of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1987
- Information Providers' Coalition for Defense of the First Amendment v. Federal Communications CommissionCourt of Appeals for the Ninth Circuit · 1991
- Carlin Communications, Inc. v. The Mountain States Telephone And Telegraph CompanyCourt of Appeals for the Ninth Circuit · 1987
- Carlin Communications, Inc. v. Mountain States Telephone & Telegraph Co.Court of Appeals for the Ninth Circuit · 1987
12 more not listed; retrieve them via the Exa API.