Court Upholds Public Broadcasting Political Ad Ban- NPR news, December 02, 2013

 

http://www.npr.org/blogs/itsallpolitics/2013/12/02/248241179/court-upholds-public-broadcasting-political-ad-ban?sc=17&f

December 02, 2013 5:08 PM

While lawyers dismantle many restrictions on political money, the rules affecting Morning Edition and Downton Abbey still stand tall. A federal court in San Francisco says public radio and TV stations cannot carry paid political ads.

The 8-3 decision Monday by the 9th Circuit Court of Appeals reversed a ruling last April by a smaller panel of the court. NPR and PBS both joined the case as friends of the court.

The court upheld the decades-old bar against political ads on public broadcasting stations, even as other restrictions have vanished over the years. One long-gone rule held that funders could only be listed by name.

The case just decided — Minority Television Project v. FCC — began as a bid to take any commercial advertising. Among the arguments rejected by the appeals court, the TV station invoked the Supreme Court’s Citizens United ruling of 2010, which allowed corporations to spend freely advocating for or against candidates.

Two dissenting judges argued that the station didn’t get a fair shake because “judges like public radio and television, while pretty much nobody likes commercials.”

note:

1. 原告如何引用最高法院Citizens United一案作為支持自己的主張?

2. 法院如何回應原告引用最高法院Citizens United一案?
How did this court (9th Circuit Court of Appeals) respond to plaintiff’s argument which invokes  Citizens United?

3. 這次的判決是由”en banc court”發回(reverse)同一上訴法院的小法庭(panel)。
“en banc court”: it signifies a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel. The larger number sit in judgment when the court feels there is a particularly significant issue at stake or when requested by one or both parties to the case and agreed to by the court.(當法院認為有重要爭議或一造/雙方當事人提出請求並得法院同意時,該法院全體法官可以重新審理小法庭(panel)原本做成的判決,並重新作成一個決定。)

About cpctaiwan

College of Law, National ChengChi University, Taiwan
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