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
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
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