In a long-awaited if anticlimactic decision, a divided panel of the U.S. Court of Appeals for the Third Circuit has again sided with CBS in its fight with the FCC over the 2004 Super Bowl® half-time show.… Continue Reading
We suggested the other day that, in view of the Justice Department's recent anti-marijuana campaign in California, the Feds might eventually target broadcasters who carry ads for dope dispensaries. Looks like our speculation wasn't too far off.… Continue Reading
Do the Supreme Court opinions in Brown v. Entertainment Merchants Association shed light on likely outcome of FCC v. Fox Television Stations indecency case next term? The Swami thinks so.… Continue Reading
The Supreme Court has agreed to hear the Fox and NYPD Blue cases next term -- and the constitutionality of the FCC's indecency regime will be the only issue on the docket.… Continue Reading
Judge Beryl Howell has issued four more opinions in "John Doe" copyright infringement cases involving thousands of defendants. Welcome to the District of Columbia, your go-to spot for BitTorrent litigation! Troll out the red carpet!… Continue Reading
Commercial program origination on FM translators? A new "auxiliary secondary service" classification? And what the heck is a satellator? A recent petition for rulemaking addresses these and other interesting questions.… Continue Reading
Like a hard-core poker player on a losing streak, the Commission isn't going to let a recent string of defeats discourage it. Au contraire, the FCC's going double-or-nothing: it has asked the Supreme Court to review the Second Circuit's 2010 indecency decisions in the Fox and NYPD Blue cases.… Continue Reading
The Swami strikes again - this time with a correct prediction of the outcome in Snyder v. Phelps. Here are some thoughts on the Supreme Court's decision in this tough First Amendment case.… Continue Reading
Score one for the copyright trolls. A recent U.S. District Court decision in D.C. will almost certainly make it easier for the trolls to pressure their defendants - including even purely blameless defendants - into pre-trial settlements favorable to the trolls.… Continue Reading
The White House Coordinator on U.S. Intellectual Property Enforcement has issued a white paper urging that:(1) illegal streaming should be made a felony; and (2) a performance rights measure should be enacted.… Continue Reading
Some have questioned whether Spanish-language broadcasters get a pass when it comes to enforcement of the FCC's indecency rules. A complaint against an LA-area TV station has raised that question again.… Continue Reading
The Swami puts his prediction out there on February 27, and the Supreme Court follows through two days later. Is this guy good or what?… Continue Reading
With Sunshine Week -- a national initiative focused on the importance of open government and freedom of information -- just a couple of weeks away, our resident swami handicaps the voting as the Supreme Court takes up a FOIA exemption in AT&T v. FCC.… Continue Reading
Kevin Goldberg offers his take on the oral argument -- and likely outcome -- in Snyder v. Phelps, the first big First Amendment case heard by the Supreme Court this term.… Continue Reading
Look for diversity to start raining down from the skies now that the FCC has finally filled in the details for implementation of the Sirius/XM set-asides initially approved two years ago. But the diversity we'll be seeing may be different from the diversity that some folks might have expected.… Continue Reading
After the Second Circuit declared the FCC's indecency policy unconstitutional,the FCC had only three options if it wanted to fight to defend its indecency regime. It has now made its choice.… Continue Reading
In response to a surge of reader interest in his prognostications, Kevin Goldberg has agreed to give us a look-see into Kevin's Krystal Ball for a prediction of how the Supreme Court may vote if the Second Circuit's recent indecency decision in Fox goes back up.… Continue Reading
Now that the initial hoopla attendant to the release of the Second Circuit's Fox decision has quieted down, let's take a gander at legal scenarios that might be in store for us on the indecency front.… Continue Reading
In a huge win for broadcasters and First Amendment-loving citizens, the U.S. Court of Appeals for the Second Circuit has struck down the FCC's indecency policy.… Continue Reading
Grab your rod, bait your hook, put on your floaties - and don't forget the sunscreen - it looks like we're all going on an indecency fishing expedition, thanks to the FCC's Enforcement Bureau!… Continue Reading
