Editor's Note,
2011
Indiana University Maurer School of Law
Editor's Note, Sarah L. Kellogg
Federal Communications Law Journal
No abstract provided.
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech,
2011
Virginia Tech
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins
Federal Communications Law Journal
The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech
Antitrust Review Of The At&T/Tmobile Transaction,
2011
Brownstein Hyatt Farber Schreck
Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke
Federal Communications Law Journal
In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …
Spectrum Reallocation And The National Broadband Plan,
2011
Navigation Economics
Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach
Federal Communications Law Journal
Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …
Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons
Federal Communications Law Journal
This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …
Masthead Vol.64 No.1 (2011),
2011
Maurer School of Law: Indiana University
Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?,
2011
Indiana University Maurer School of Law
Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker
Federal Communications Law Journal
In the name of increasing competition in the cable television market, Congress passed the Telecommunications Act of 1996. While this eliminated the barriers to entry using federal law, it did not change the nature of municipality-based cable system monopolies. In an effort to expand competition more quickly and efficiently, the phone companies (Verizon and AT&T) successfully supported legislation in at least twenty-five states that permits a single state application to compete statewide. This Note explores the varying approaches taken in the laws passed to date, analyzes the outcomes flowing from those implemented plans, and provides recommendations of the best practices …
Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package,
2011
Indiana University Maurer School of Law
Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick
Federal Communications Law Journal
There is almost no question that football has become modem America's pastime. Football has never been more popular, and every Sunday people are clamoring to watch as many games as possible. The Sunday Ticket package allows viewers to watch any National Football League ("NFL") game being played at any given time. However, the NFL has only granted DirecTV the right to air the Sunday Ticket package, denying this excellent service to a majority of television viewers. By limiting the reach of the Sunday Ticket package, the NFL may be in violation of antitrust laws. This Note begins by explaining antitrust …
The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo,
2011
Indiana University Maurer School of Law
The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo, Christopher A. Pierce
Federal Communications Law Journal
In United States v. Stevens, the United States Supreme Court invalidated a federal statute criminalizing the interstate sale and distribution of depictions of animal cruelty on First Amendment grounds. While Stevens demonstrates the Court's reluctance to create a new category of speech outside of First Amendment protection, Stevens also stands for the proposition that borrowing the exceptions clause from the Court's obscenity standard will not adequately protect a statute from invalidation as overbroad. This Note discusses the use of the obscenity standard's exceptions clause in nonobscenity statutes and the Court's treatment of the exceptions clause in Stevens. This Note concludes …
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function',
2011
University of Michigan Law School
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Michigan Law Review
Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.
A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age,
2011
Benjamin N. Cardozo School of Law
A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, Erin Smith Dennis
Cardozo Law Review
No abstract provided.
Collateral Censorship And The Limits Of Intermediary Immunity,
2011
Benjamin N. Cardozo School of Law
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Articles
The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The “collateral censorship” rationale has its limits, though, and correspondingly, so should the applicability of intermediary immunity. The worry with collateral censorship is not just that intermediaries censor, but that they censor more than an original speaker would in the face of potential liability. Increased censorship, in turn, is the product of applying liability targeted at original speakers …
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment,
2011
Washington and Lee University School of Law
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Washington and Lee Law Review
No abstract provided.
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online,
2011
Federal Communications Commission
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online, Jonathan Baker, Mark Bykowsky, Patrick Degraba, Paul Lafontaine, Eric Ralph, William Sharkey
Scholarly Articles in Law Reviews & Journals
The past year in economics at the Federal Communications Commission focused on protecting competition in developing online markets. Our review discusses important economic issues that are raised by the FCC’s Open Internet rulemaking (which is commonly referred to as “net neutrality”) and its review of Comcast’s programming joint venture with General Electric’s NBC Universal affiliate. The Open Internet rule focused on established online markets, while the Comcast/NBCU transaction addressed nascent competition online along with competition in video programming and distribution offline.
"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods,
2011
University of Miami School of Law
"A Simple, Human Measure Of Privacy": Public Disclosure Of Private Facts In The World Of Tiger Woods, Patricia S. Abril
Articles
No abstract provided.
Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression,
2011
University of Ferrara, Italy
Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi
Cardozo Journal of International and Comparative Law
In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, …
Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum,
2011
University of Michigan Law School
Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe
University of Michigan Journal of Law Reform
In early 2010, amidst a series of racially charged incidents on campus, the student government president at the University of California at San Diego revoked funding to all student media organizations in response to controversial speech on the student-run television station. It is well established that once the government has opened a forum, including a "metaphysical" forum constituted by government funding for private speech, it may not discriminate based on the viewpoints expressed within that forum. However, it has not been clearly established whether the government may close such a forum for a viewpoint-discriminatory purpose. This Note argues that courts …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation,
2011
Faulkner University School of Law
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Lord Of The Files: International Secondary Liability For Internet Service Providers,
2011
Washington and Lee University School of Law
Lord Of The Files: International Secondary Liability For Internet Service Providers, Emerald Smith
Washington and Lee Law Review
No abstract provided.
Editor's Note,
2011
Indiana University Maurer School of Law
Editor's Note, Ann E. O'Connor
Federal Communications Law Journal
No abstract provided.
