From: Jim Choate <ravage@ssz.com>
Date: Sun, 14 Dec 1997 22:53:38 +0800
To: cypherpunks@ssz.com
Subject: victory.txt
Message-ID: <199712141508.JAA01719@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text/plain



>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