From frbspd@crl.com Thu Nov 13 11:41:55 1997 Date: Thu, 13 Nov 1997 01:48:43 -0800 (PST) From: Stephen Dunifer <frbspd@crl.com> To: Barry Alexander <peyote@netcom.com> Subject: FRB legal victory
ANOTHER VICTORY FOR FREE RADIO BERKELEY & MICROPOWER BROADCASTING At 7 PM on Wednesday, November 12 attorneys for Stephen Dunifer & Free Radio Berkeley received a 14 page decision via fax from Federal District Court Judge Claudia Wilken announcing her ruling in favor of Stephen Dunifer and Free Radio Berkeley. Her ruling denies the FCC's motion for summary judgement for a permanent injunction, states that she has jurisdiction in this case and that the FCC's regulatory structure is unconstitutional. Further, she orders the FCC to submit within 14 days a brief on the constitutional issues raised. Essentially Judge Claudia Wilken affirms all the merits and arguments raised by the defense attorneys for Stephen Dunifer and Free Radio Berkeley. Stay tuned for further details. The full text of the decision will be posted ASAP. A victory party will take place on Saturday evening, November 15 in Berkeley. Place to be announced as soon as one is secured. Everyone is invited. Stephen Dunifer Free Radio Berkeley