On Thursday, April 1, 2021 the Supreme Court unanimously voted to overturn the United States Court of Appeals for the Third Circuit in Philadelphia (“Third Circuit”) in the case of Federal Communications Commission (“FCC”) v. Prometheus Radio Project, No. 19-1231. The possibility of this result was something we had considered in a previous post, which … Continue Reading
As we reported last week, the United States Supreme Court has agreed to hear appeals by the Federal Communications Commission (“FCC” or the “Commission”) and the National Association of Broadcasters (“NAB”) of a decision by the US Court of Appeals for the Third Circuit that overturned a 2017 decision by the FCC attempting to relax … Continue Reading
Today the U.S. Supreme Court agreed to review the appeal issue of the Third Circuit’s reversal of the Federal Communication Commission’s (“FCC”) relaxed media ownership rules. The Third Circuit Court of Appeals in Philadelphia last year again rejected the FCC’s most recent efforts to relax the media ownership rules which sought to eliminate a ban … Continue Reading
Let’s get this out of the way: this blog post is going to include an unseemly, in my mind, profane, even obscene, term. I’m just going to put it out there up front, even though I think it’s one of the worst things you can say. And no, the First Amendment doesn’t protect it. It’s … Continue Reading
I was one of many who traveled (in my case, on foot) to the United States Supreme Court on April 22, 2019 to watch oral arguments in the case of Food Marketing Institute, Inc. v. Argus Leader. I was there because two of my clients joined an amicus brief in support of the newspaper’s fight … Continue Reading
As we neared the end of the 2018-2019 Supreme Court term, I was watching with bated breath for the issuance of three opinions relevant to my work and, I assumed, to the interests of our CommLawBlog readers. The cases affected my interests in distinctly different ways: from my “extracurricular” activities to the participation of clients … Continue Reading
Just when you think you have a beat on the Supreme Court, they always seem to surprise you. Take the decision issued in Carpenter v. U.S., issued last Friday, June 22. The court held that a judicial warrant, based on probable cause, is required before law enforcement officials can call up your cellphone company and … Continue Reading
I am officially a big fan of The Slants. I’ve never seen them in concert. I don’t own any of their albums (I’ve never even downloaded any of their individual songs). I’m actually still not entirely sure what “Chinatown Dance Rock” really is. But I will forever be indebted to Simon Shiao Tam and crew. … Continue Reading
By agreeing to hear “The Slants” case, Court may decide whether USPTO can cancel “Redskins” trademark registrations. [Blogmeister’s Note: To say our blogger, Kevin “The Swami” Goldberg, is opinionated is something of an understatement. One particular bug up his butt: the NFL team which is titularly Washington, D.C.’s, even though it practices in Virginia and … Continue Reading
Given up for dead by many, our old pal Aereo has managed to sidestep the Grim Reaper yet again.But just barely, and its future prospects are not good.… Continue Reading
The Supreme Court's decision in the Aereo case should be released soon - but in the meantime, amuse yourselves by speculating about the many ways in which the case may shake out.… Continue Reading
The long-impending Aereo argument in the Supreme Court has now come and gone, and we are left to sift through what remains to try to figure out what's next.… Continue Reading
Reminder: Kevin Goldberg and Harry Cole will be presenting a FREE webinar to review and explain how the Aereo case got to the Supreme Court and what it could mean. Space is limited; sign up now.… Continue Reading
Kevin Goldberg and Harry Cole will be presenting a FREE webinar to review and explain how the Aereo case got to the Supreme Court and what it could mean.… Continue Reading
