Filed a friend-of-the court brief, joining with The Thomas Jefferson Center, in the U.S. Supreme Court in FCC v. Fox Television Stations, Inc. The brief argued that the Supreme Court should invalidate its decision in FCC v. Pacifica (the “seven dirty words” case) because Pacifica impermissibly created a novel category of unprotected speech; Pacifica’s justifications are outdated in today’s media landscape; and more narrowly tailored options exist than the FCC’s safe-harbor provision. Even if Pacifica is retained, the brief argued, the FCC’s current indecency enforcement regime should be overturned because it unconstitutionally chills protected speech. [2011]
