The en banc panel of the Ninth Circuit rejected application of strict scrutiny. Instead, it applied an intermediate scrutiny test which the Supreme Court enunciated in FCC v. League of Women Voters (1984) 468 U.S. 364. Under this test, a content based regulation of broadcast speech would pass constitutional muster if it is sufficiently tailored to the harms it sought to prevent, or in other words, it must be narrowly tailored to further a substantial governmental interest.