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Supreme Court issues narrow decision in favor of broadcasters on broadcast indecency

Wiley Rein LLP
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USA
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June 21 2012

On June 21, 2012, the U.S. Supreme Court issued its ruling in FCC v. Fox Television Stations, Inc. (Fox II). In a decision written by Justice Kennedy, the Court without dissent (Justice Ginsburg concurred in the judgment and Justice Sotomayor did not participate) set aside the Federal Communications Commission's (FCC) orders citing Fox and ABC for indecency violations, finding that the agency failed to give the networks prior, fair notice that fleeting expletives and momentary nudity could be found actionably indecent

Ninth Circuit Court of Appeals finds public television ban for issue and political advertisements unconstitutional

Wiley Rein LLP
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USA
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May 17 2012

On April 12, 2012, a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled in Minority Television Project v. FCC that the Communications Act’s ban on noncommercial broadcast stations airing political and issue advertising violated the First Amendment

Court ruling increases difficulty of protecting copyrighted material online

Wiley Rein LLP
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USA
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May 17 2012

It is not uncommon for television stations and other media organizations to find their copyrighted content on third-party websites, without authorizationposted not by the site operator, but by a user

Challenge to Illinois eavesdropping law may face uphill battle in the 7th Circuit

Wiley Rein LLP
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USA
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January 27 2012

In ACLU v. Alvarez, the American Civil Liberties Union of Illinois (ACLU) filed a lawsuit in district court challenging the constitutionality of the Illinois Eavesdropping Act, as applied to the audio recording of police officers when they are performing their public duties in public places and speaking at a volume audible to the unassisted human ear

Breaking down the police videotaping decision

Wiley Rein LLP
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USA
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September 6 2011

In an opinion released on August 26, 2011, the U.S. Court of Appeals for the First Circuit ruled that a private citizen’s right to videotape police officers performing their duties in a public space is “unambiguously” protected by the First Amendment

Mass media headlines - July 2011 - High Court to consider FCC's indecency rules

Wiley Rein LLP
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USA
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July 28 2011

The significance of the Supreme Court’s recent violent video game decision in Brown v. Entertainment Merchants Association, Inc. could be felt as early as the Court’s next term, which begins in October

High court upholds the ideals of the First Amendment

Wiley Rein LLP
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USA
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July 28 2011

In Brown v. Entertainment Merchants Association, Inc., the Supreme Court struck down a California statute that sought to prohibit the sale or rental of violent video games to minors

No violence done to First Amendment in video game case

Wiley Rein LLP
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USA
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July 11 2011

Adhering closely to the ideals of the First Amendment, the Supreme Court in Brown v. Entertainment Merchants Association, Inc. struck down a California statute that sought to prohibit the sale or rental of violent video games to minors

Third Circuit vacates newspaperbroadcast cross-ownership rule and upholds FCC's retention of other media ownership rules

Wiley Rein LLP
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USA
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July 8 2011

On July 7, 2011, the United States Court of Appeals for the Third Circuit issued its opinion in Prometheus Radio Project v. FCC (Prometheus II), which is the latest in a series of cases challenging decisions of the Federal Communications Commission (FCC or Commission) in periodic reviews of its media ownership rules pursuant to Section 202(h) of the Telecommunications Act of 1996

In victory for news aggregators, federal appellate court erodes 'hot news' misappropriation doctrine

Wiley Rein LLP
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USA
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July 6 2011

In a decision that could hamper the ability of news organizations to protect their content from aggregators, a federal appellate court has rejected a claim of “hot news” misappropriation against an aggregator of financial news in Barclays Capital Inc. v. Theflyonthewall.com

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