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
The D.C. Circuit has affirmed the prohibition against exclusivity arrangements between cable operators and cable-affiliated programming networks. But the likelihood of that prohibition staying on the shelves beyond its current sell-by date (i.e., 2012) is dubious.… Continue Reading
With its "Future of Media project", the FCC has set out to write, perhaps with unrealistic ambitions, a report about staggeringly broad and unfocused topics. But one thing is incredibly clear: that project will necessarily implicate the possibility of government regulation of news and other content.… Continue Reading
The FCC trudged back into court on January 13 to defend the "fleeting expletives" portion of its indecency regime one more time. When last the Commission fought this particular fight in this particular arena, things didn't go so well for the agency. From what we saw, the Commission is not likely to fare any better this time around.… Continue Reading
Broadcasters facing a down advertising market have reason to cheer: the Supreme Court has struck down a ban on corporate spending for political advertising.… Continue Reading
An accused "pirate broadcaster" claimed that he was operating strictly within the boundaries of the Republic of Texas, and so was not subject to the laws of the Yoo-nited States or any little ol' FCC. The FCC disagreed.… Continue Reading
The FCC has issued a new Notice of Inquiry entitled "Empowering Parents and Protecting Children in an Evolving Media Landscape". It reads like a cross between an undergraduate course in child psychology and a weekend program on "modern parenting" that might be offered at the local community center.… Continue Reading
Two days into its 2009-2010 term, the Supreme Court sank its teeth into a case which could have a profound impact on all First Amendment free speech rights, and particularly those of the news media. Kevin Goldberg attended the argument in U.S. v. Stevens - read his report here.… Continue Reading
Advocates of net neutrality will tell you that net neutrality is the "First Amendment of the Internet." This is an interesting way of looking at the First Amendment . . . because it is backward.… Continue Reading
If you have lost track of the status of the pending indecency appeals amid various other summer distractions, here's a heads up: briefing schedules for the remand phases of the Fox and CBS appeals have been announced.… Continue Reading
As we reported recently, the FCC has invited comment on the Request for Declaratory Ruling filed by the MusicFIRST Coalition. For the convenience of our readers, we provided a link to a copy of the Request. Good thing that we did.… Continue Reading