By Ari Meltzer and Boyd Garriott on Posted in First AmendmentOn its face, the Supreme Court’s 5-4 decision in Manhattan Community Access v. Halleck resolved a narrow question about whether a nonprofit public access channel operator was a state actor subject to First Amendment constraints. But the Court’s opinion may have invited a more critical inquiry into the role that the government plays in regulating… Continue Reading
By Kathleen A. Kirby and Ari Meltzer on Posted in Broadcast Regulation,First AmendmentBroadcasters found themselves facing a conundrum on Thursday when President Trump, in a meeting with Congressional leaders about immigration, reportedly referred to Haiti and certain African countries as “shithole countries.” 24-hour cable networks immediately reported on the President’s comments, repeating the crass term and even including it on their lower-thirds. Unlike their cable, newspaper, online… Continue Reading
By Eve K. Reed and Kathryne Dickerson on Posted in Broadcast Regulation,First Amendment,Indecency,Program ContentOn March 23, 2015, the Federal Communications Commission proposed a fine of $325,000 – the maximum amount possible – against the licensee of television station WDBJ in Roanoke, Virginia for airing sexually explicit content during a newscast. According to the Notice of Apparent Liability for Forfeiture, WDBJ aired a video clip that included less than… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Advertising Issues,Contests,First Amendment,TrademarkAs college basketball play-off season and the Super Bowl approach, we thought it a good time to remind broadcasters about the trademark issues that often crop up in contests this time of year. Contests related to March Madness and the Super Bowl are popular, but the use of the proper names of these sporting events… Continue Reading
By Kathleen A. Kirby and Kathleen Scott on Posted in Broadcast Technology,First Amendment,PrivacyToday, the Federal Aviation Administration (“FAA”) granted exemptions for six aerial photo and video production companies working in the movie and television industries to operate commercial unmanned aircraft systems (“UAS”) under specific conditions. Under the current law, civil operation of UAS in U.S. airspace is banned unless the FAA grants an exemption under Section 333… Continue Reading
By Kathleen A. Kirby and Ari Meltzer on Posted in Broadcast Regulation,Broadcast Technology,First Amendment,PrivacyLast week, U.S. Supreme Court Justice Sonia Sotomayor suggested Americans should be more concerned about their privacy being invaded by the spread of drones, stating that “frightening” changes in surveillance technology should encourage citizens to take a more active role in the privacy debate. She said she’s particularly troubled by the potential for commercial and… Continue Reading
By Kathleen A. Kirby, Eve K. Reed and Ari Meltzer on Posted in Advertising Issues,Broadcast Regulation,First Amendment,Political BroadcastingBroadcasters are not required to affirmatively investigate the identity of entities purchasing political advertising time, the FCC’s Media Bureau has reaffirmed. In a letter dismissing complaints against two television stations, FCC political chief Bobby Baker stated that, “unless furnished with credible, unrefuted evidence that a sponsor is acting at the direction of a third party,… Continue Reading
By Kathleen A. Kirby on Posted in Advertising Issues,First AmendmentThe Supreme Court issued its much-anticipated opinion in McCutcheon v. Federal Election Commission this week, striking down the federal aggregate contribution limits as unconstitutional under the First Amendment. Importantly, the base contribution limits—that is, the amount an individual may contribute to a specific federal candidate, political party, or political action committee—remain unchanged and were not… Continue Reading
By Eve K. Reed on Posted in Broadcast Regulation,First Amendment,Program ContentA Federal Communications Commission (FCC) statement issued late today indicates the agency will not just modify its Critical Information Needs (CIN) study but, rather, will not proceed with the study at all. As explained in the statement: “The FCC will not move forward with the Critical Information Needs study. The Commission will reassess the best way… Continue Reading
By Eve K. Reed on Posted in Broadcast Regulation,First Amendment,Program ContentIn response to a December 2013 letter sent by House Energy and Commerce Committee Chair Fred Upton, Federal Communications Commission (FCC) Chairman Wheeler has publicly confirmed that the FCC “has no intention of regulating the political or other speech of journalists or broadcasters.” Chairman Wheeler’s letter response and an accompanying statement were issued in response… Continue Reading
By Kathleen A. Kirby on Posted in Broadcast Regulation,Broadcast Technology,First Amendment,Privacy,SpectrumDrones are making headlines. Following the story of the off-duty Connecticut television station photographer who has now filed a federal lawsuit against the Harford police alleging civil rights violations because they stopped him from using his drone at the scene of a fatal car accident, I’m reflecting. Back to the days when I was advocating… Continue Reading
By Kathleen A. Kirby on Posted in Broadcast Regulation,First Amendment,Online Video,Program ContentYesterday, the U.S. Court of Appeals for the Ninth Circuit noted CNN’s “protected right to report the news” in reversing a lower court decision that allowed a lawsuit involving CNN’s decision not to caption certain online video to move forward. While the court acknowledged the import of preserving CNN’s ability to make independent editorial decisions… Continue Reading
By Kathryne Dickerson and Eve K. Reed on Posted in Broadcast Regulation,Contests,First Amendment,LegislationToday, advertisements for brick-and-mortar casinos provide significant revenue streams for broadcasters across the country. Such was not always the case. Just over a decade ago, the federal broadcast lottery statute – 18 U.S.C. §1304, as amended by 18 U.S.C. §1307 – prohibited the broadcast of casino-related advertisements by broadcasters located in a state that had… Continue Reading
By Kathleen A. Kirby on Posted in First AmendmentIn its early days, the Obama administration promised to be the most transparent administration ever. Yet, among other failures to live up to that pledge, the White House increasingly has been barring press photographers from covering the president as he performs his official duties. Instead, the administration hands out its own “official” White House photo… Continue Reading
By Kathleen A. Kirby on Posted in First AmendmentThis week, the Senate Judiciary Committee will consider the Free Flow of Information Act (S.987), a media “shield law” designed to protect journalists and their sources against prying prosecutors. We’ve been here before. The House passed such a bill on two different occasions, and the Senate moved legislation through the Senate Judiciary Committee only to… Continue Reading
