The Janet Jackson case is, for all intents and purposes, finished. But, as has been customary with just about everything surrounding L'Affaire Jackson, even the Supreme Court's final order included some unexpected flair.… Continue Reading
For some insight into what the Court's recent decision on indecency means going forward, we called on the Swami, Kevin Goldberg. Not surprisingly, he had some thoughts.… Continue Reading
The Supreme Court has sent the Fox and NYPD Blue cases back down to the Second Circuit. While that might sound like bad news for broadcasters, that's not necessarily the case. In fact, Fox and ABC can clearly view this decision as a significant victory.… Continue Reading
On January 10, the Swami and the Blogmeister took a field trip to the Supreme Court to catch the Fox/ABC indecency argument. Here's their report.… Continue Reading
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
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
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
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
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
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
The Supreme Court has agreed to hear the FCC's appeal of the 2008 decision which reversed the forfeiture meted out to CBS for the Janet Jackson Super Bowl incident. But having agreed to hear the appeal, the Supremes lost no time in vacating the lower court's decision… Continue Reading
Indecency appeals – FCC now 0-2 – In a long-awaited decision, the U.S. Court of Appeals for the Third Circuit reversed the FCC’s order holding that CBS and its affiliates had broadcast indecency in the notorious 2004 Super Bowl half-time show featuring Janet Jackson and Justin Timberlake. The Court found that the FCC had had … Continue Reading
Earlier today, the federal court of appeals for the 3rd Circuit overturned the FCC’s $550,000 fine on CBS for the broadcast of Janet Jackson’s infamous 2004 Super Bowl Halftime Show. The Third Circuit overturned the FCC’s decision on much the same grounds as the Court of Appeals for the Second Circuit overturned the FCC’s "Golden … Continue Reading
In a long-awaited decision, the U.S. Court of Appeals for the Second Circuit has finally dropped the hammer on the Commission’s indecency policy. In an opinion issued on June 4, 2007, a three-judge panel (with one dissent) has held that the "fleeting expletive" policy invoked by the Commission in 2004 and then again in the … Continue Reading
