Third Circuit Vacates FCC Fine By Jon Choate — Edited by Stephanie Weiner CBS Corp. v. Federal Communications Commission Third Circuit, July 21 2008, No. 06-3575 Slip Opinion On July 21, the Third Circuit vacated an FCC order fining CBS $550,000 for the nine-sixteenths of one second broadcasting of Janet Jackson’s bare right breast during the halftime show of Super Bowl XXXVIII in February 2004. The court held that the FCC had departed from its prior policy in fining CBS ... Read More...
Archive for the ‘First Amendment’ Category
New Law Expands Government Surveillance Powers By Daniel Ray — Edited by Sarah Sorscher H.R. 6304 — FISA Amendments Act of 2008 Full Text of Enrolled Bill Senate Vote Summary GovTrack.us Summary On July 9, the Senate passed H.R. 6034, the FISA Amendments Act of 2008, and President George W. Bush signed it into law the following day. The new law modifies the Foreign Intelligence Surveillance Act of 1978 (“FISA”) to expand (subject to certain new checks) the federal government’s ... Read More...
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
Second Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola Carah Doninger v. Niehoff Second Circuit, May 29, 2008, No. 07-3885 Slip Opinion The Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter ... Read More...
