Opinion: NBC TV station obliged to run Romney ad the network objects to

After NBC TV station continued to air a Mitt Romney ad that the network wants pulled, they were charged with hypocrisy, but says Josh Gerstein in Politico, it’s not that the stations would sell out principles to make a buck, FCC rules say that stations have to take ads on a comparable basis from all [...]

Supreme Court may loosen restrictions on broadcasters in Nicole Richie swearing case

There is some hope that when the U.S. Supreme Court this week  will decide that broadcasters should not be shackled with Federal Communications Commission fines for on-air indecency. The case on the docket concerns swear words used by Cher and Nicole Richie on an awards show broadcast on Fox television and a scene of a [...]

Free press: Reporters’ group urges changes in FCC indecency enforcement

The Reporters Committee for Freedom of the Press filed a friend-of-the-court brief with the U.S. Supreme Court arguing that the Federal Communications Commission policy on indecency runs afoul of the First Amendment, even to the point of forcing broadcasters out of business with excessive fines. The Reporters Committee recommended that that a clear standard be [...]

FCC Internet openness rules survive Republican attack in Senate

Senate Republicans failed in an attempt to scuttle new Federal Communications Committee rules preventing cable, DSL and wireless providers from interfering with Internet traffic they think threaten their commercial interests. The new rules are to go into effect November 20. -db From Wired, November 10, 2011, by Ryan Singel. Full story  

Divided federal appeals court scuttles CBS fine for Janet Jackson’s unveiling at Super Bowl

CBS won a battle in court over Singer Janet Jacket’s exposed breast during the halftime show at Super Bowl 2004, the 3rd Circuit Court of Appeals ruling that in levying a $550,000 fine, the Federal Communications Commission was violating its own policy exempting “fleeting” indecency from fines. Writing for the majority in a 2-1 decision, [...]

Social media forces emergency responders to provide more information

With a proliferation of social media sites, emergency responders are getting more information from the public presenting new challenges. For one, government agencies feel the need to conduct themselves with greater transparency to build trust. Sifting out fact from fiction is also a problem, and a former Wyoming governor has suggested that the social media [...]

Murdoch uses media to promote business interests

Embattled News Corp chairman Rupert Murdoch has routinely used his media holdings to promote his business interests, writes Joe Flint in a commentary in the Los Angeles Times. Flint says that notwithstanding his conservative stance, Murdoch has not hesitated to ally with liberal politicians including Al Gore and Hillary Clinton. Flint also describes how Murdoch [...]

Federal Communicatons Commission kills fairness doctrine

The Federal Communications Commission officially ended the era of the fairness doctrine that has not been enforced since 1987. Companies with broadcasting license were required to present opposing viewpoints. In the 1960s stations ran public service spots about the risks of smoking to counter their cigarette ads. President Ronald Reagan vetoed a bill in 1987 [...]

FCC looking into cutoff of cell phone service in BART station

The Federal Communications Commission has begun an investigation into the Bay Area Rapid Transit’s suspension of wireless service in commuter stations in response to a threatened protest on August 11. FCC spokesman Neil Grace said the agency is gathering information and hearing from “stakeholders.” The transit district was concerned about unsafe conditions arising from the [...]

FCC report finds media failing watchdog duties

Downsized newsrooms, fewer reporters and less reporting can be harmful to democracy, according to a just released FCC report on the “Information Needs of Communities.” (Read the full report below.) “A shortage of reporting manifests itself in invisible ways: stories not written, scandals not exposed, government waste not discovered, health dangers not identified in time, [...]

Critic of Citizens United asks for disclosure of political ad donors

The Media Access Project is asking the Federal Communications Commission to force political groups to release the names of donors for political ads. The Project claims that the Communications Act of 1934 allows the release of the names of those actually paying for the ads. The Project’s proposal would require that there be  on-air disclosures [...]

Journalist urges newspaper industry to work for free and open Internet

MediaShift Opinion January 31, 2011 By Kat Aaron The newspaper industry has been buffeted by the advent of the Internet, but it would be unwise of them, says journalist Kat Aaron, to stand by without fighting for net neutrality and a free and open Internet. -db Tagged:

U.S. Supreme Court shows disdain for concept of ‘corporate privacy’

In hearing FCC v. AT&T, a Freedom of Information case, the Supreme Court indicated it would rule against corporations trying to withhold documents citing “personal privacy.” -db First Amendment Center Analysis January 20, 2011 By Tony Mauro WASHINGTON, D.C. – The Supreme Court heard arguments yesterday in a key Freedom of Information Act case, leaving [...]

Hispanic group asks for federal inquiry on media rhetoric and hate crimes

Multichannel News January 10, 2011 By John Eggerton In the wake of the shootings of Rep. Gabrielle Giffords and others in Arizona, the National Hispanic Media coalition is asking the federal government to update its study on hate speech and to investigate the link between media hate speech and hate crimes. -db

Feds ordered to drop fines over TV nudity scene

Courthouse News Service January 4,2011 By Barbara Leonard NEW YORK – A federal appellate court ruled that ABC does not have to pay a $1.2 million fine for an episode of “NYPD Blue” that showed a woman’s bare buttocks  for about seven seconds. The court said the policy of the Federal Commications Commission was “unconstitutionally vague.” [...]

Government net neutrality proposal draws widespread criticism

The new Federal Communications Commission net neutrality proposal was criticized by both liberals and conservatives, the latter for its potential for excessive regulation and the former for its guidelines favoring the rich and powerful. -db National Journal December 1, 2010 By David Hatch and Eliza Krigman U.S. Federal Communications Commission Chairman Julius Genachowski outlined a framework [...]

Media organizations oppose granting corporations personal privacy rights to evade scrutiny

Twenty-three media organizations have filed a  friend-of-court brief with the U.S. Supreme Court to support the Federal Communications Commission’s appeal of a ruling allowing AT&T to claim privacy rights under the Freedom of Information Act. -db The Reporters Committee for Freedom of the Press November 15, 2010 By Daniel Skallman The Reporters Committee for Freedom [...]

Will net neutrality survive Republican surge?

A writer for ReadWriteWeb says that while Republicans would be unlikely to keep Internet providers from blocking Web traffic, they are not likely to have a great effect nor is the Federal Commuications Commission showing any inclination to bolster net neutrality. -db ReadWriteWeb Analysis November 7, 2010 By Audrey Watters Following last week’s U.S. midterm [...]

ACLU report affirms ‘net neutrality’ as key free speech issue of our time

A report by the American Civil Liberties Union urges the Federal Communications Commission to act aggressively to prevent powerful companies from exploiting the Internet for commercial gain and compromising the Internet as a free speech forum. -db American Civil Liberties Union Press Release October 19, 2010 WASHINGTON, D.C. – Protecting the Internet against content discrimination [...]

Case settled leaving it unclear whether wireless carriers can censor text messages

A federal case in which a texting service accused T-Mobile of censoring its messages from one of its clients, a California medical marijuana dispensary listing site, was settled out of court leaving key questions unsettled. -db Wired October 1, 2010 By David Kravets A legal flap concerning whether wireless carriers may censor text messages was [...]

T-Mobile wants to censor text messages

T-Mobile testified in federal court that it wants to retain the power to censor text messages in short-code marketing campaigns to protect itself from “potentially illegal, fraudulent, or offensive marketing campaigns conducted on its network.” -db Wired September 22, 2010 By David Kravets T-Mobile told a federal judge Wednesday it may pick and choose which [...]

FCC asks 2nd Circuit to review fleeting-expletives ruling

Federal regulators are appealing a recent court decision that struck down a 2004 government policy that says broadcasters can be fined for allowing even a single curse word on live television. August 27, 2010 By The Associated Press WASHINGTON —A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York threw out [...]

FCC defends media ownership rules

The FCC came under criticism Wednesday for its decision to defend media ownership rules that critics argue allow for greater media consolidation. National Journal/ Media Access Project Commentary July 23, 2010 By Juliana Gruenwald The FCC filed a brief in the U.S. District Court of Appeals in Philadelphia defending the media ownership rules adopted in [...]

FCC defends authority to loosen newspaper/broadcast cross-ownership

The FCC Wednesday filed a brief with the Third Circuit Court of Appeals defending its authority under then-Chairman Kevin Martin to loosen the newspaper-broadcast cross-ownership ban. Broadcasting and Cable July 22, 2010 By John Eggerton The court is currently hearing the challenge to that ruling from both sides of the issue. Broadcasters argue that the [...]

Media Access Project: FCC defense of Martin-era newspaper-broadcast ownership liberalization could be harmful for diversity

Press Release/ Media Access Project Commentary July 21, 2010 By Media Access Project WASHINGTON — Today, the Federal Communications Commission filed a brief with the U.S. Court of Appeals of the Third Circuit addressing broadcast media ownership rules. In the brief, the Commission’s majority, with Commissioner Michael J. Copps dissenting, supported former-Chairman Kevin Martin’s 2007 [...]

Appeals Court Strikes Down Indecency Rule

A United States appeals court tossed out the indecency policy of the Federal Communications Commission on Tuesday, calling it a violation of the First Amendment. New York Times July 13, 2010 By Brian Stelter A United States appeals court tossed out the indecency policy of the Federal Communications Commission on Tuesday, calling it a violation [...]

Court Tosses FCC’s Indecency Policy

A federal court tossed out the Federal Communications Commission’s indecency policy Tuesday, ruling that its poorly defined constructs violate the First Amendment. News July 13, 2010 By Ira Teinowitz In a major victory for Hollywood in general and the broadcast networks in particular, the three-judge U.S. court of appeals panel said the policy is “unconstitutionally vague” and [...]

How is Social Media Impacting Free Speech Rights?

While social networking sites like Facebook and Twitter increase their user base,  and search engines like Google continue to grow, many wonder if they will become the gatekeepers of information of the future. – SMD Social Media and First Amendment Commentary July 6, 2010 By  Eric Kuhn, CNN Audience Interaction Producer Aspen, Colorado (CNN) – [...]

FCC plans to establish legal authority over Internet through reclassification plan

The Federal Communications Commission wants to regulate the Internet as a phone service it says which would settle legal uncertainties and increase investment. -db The Wrap June 03, 2010 By Ira Teinowitz A second FCC commissioner is rejecting as hogwash contentions that regulating the internet as a phone service would lead to massive disruption and [...]

AT&T claims privacy rights in defending itself against allegations it overcharged government

According to Techdirt writer, Mike Masnick, another court decision giving companies similar legal rights to individuals, including privacy rights, could make it difficult for the public to obtain records including those about mine safety violations, problems at offshore oil rigs or health conditions at food manufacturing plants. -db Techdirt Opinion May 26, 2010 By Mike [...]

Net neutrality legislation could ensnare free speech

Critics say a bill introduced in the House of Representatives to ensure net neutrality would require a news outfit such as the Wall Street Journal to carry news from all news outlets, violating their free speech rights. -db PC World Opinion May 12, 2010 By Grant Gross U.S. Representative Cliff Stearns wants so badly to [...]

Proposed national broadband access may lack funding

The Federal Communications Commission’s plan for national broadband access has great potential to speed communication and enhance public access to government information and services but faces obstacles in funding and net neutrality. -db OMB Watch March 9, 2010 The Federal Communications Commission (FCC) is gearing up to release its plan for national broadband access on [...]

Obama and transparency: In the midst of major gains, some managers resist open government initiatives

For a multitude of reasons, not every official is aggressively embracing President Barack Obama’s open government directives. -DB NextGov Commentary January 21, 2010 By Aliya Sternstein When he took office, President Obama said he wanted agencies to leverage new technologies to open government. One year after the president announced an initiative to open the government, [...]

Appeals court questions federal arguments in ‘fleeting expletive’ case

In a case pitting Fox television against the Federal Communication Commission, federal appeals judges peppered government lawyers with questions about the constitutionality of FCC rules aimed at indecency. -DB Variety January 13, 2010 By Ted Johnson The broadcast networks opened the latest chapter in their long-fought challenge to the FCC’s indecency enforcement on Wednesday, with [...]

San Francisco foundation asks feds to close loopholes allowing industry clamps on free speech

The Electronic Frontier Foundation has asked the Federal Communications Commission to close loopholes in proposed rules on network neutrality that could allow the entertainment industry and law enforcement to curtail free speech and innovation. -DB Electronic Frontier Foundation Press Release January 14, 2010 SAN FRANCISCO – The Electronic Frontier Foundation (EFF) called on the Federal [...]

Free internet depends on establishing ‘net neutrality’

While the European Union is rejecting the principles of an open internet, the United States with leadership from the Obama administration favors ”net neutrality”, policies the provides equal access to the internet without any restrictions on accessing content.No company or government would be allowed to restrict use except to safeguard security and to fix temporary technical glitches.-DB MediaShift Commentary [...]

New report on saving print journalism recommends government subsidies

The New York Times THE MEDIA EQUATION October 19, 2009 By David Carr A Columbia University Graduate School of Journalism report made six recommendations for salvaging newsrooms, among them to require public broadcasting to devote more resources to covering local news. A more controversial idea is to get the government to fund local news with [...]

Federal court: Freedom of Information Act can play second fiddle to corporate ‘personal privacy’ interests

A federal appellate court ruled that corporations have a “personal privacy” interest that allows them to withhold records when confronted with a federal Freedom of Information Act request. -DB Reporters Committee for Freedom of the Press September 25, 2009 By Miranda Fleschert Corporations can have a “personal privacy” interest that can cause their records to be [...]