Unfair and Indecent? Broadcast Regulation in the Courts and Congress at the Start of the Obama Administration

Unfair and Indecent?
Broadcast Regulation in the Courts and Congress at the Start of the Obama Administration
A debate about indecency litigation, the Fairness Doctrine, and what comes next

New York City Bar's Committee on Communications and Media Law and
Committee on Copyright and Literary Property
Thursday, January 22, 2009
6:00 p.m.
House of the Association
42 West 44th Street
New York City

Observers have said that President Obama has the opportunity to "remake the FCC." But will the Supreme Court and Congress have already done so long before the incoming President names his first new commissioner?

Join this debate among four lawyers who have been on the front lines of broadcast regulation and litigation.

Indecency Regulation: How will the Supreme Court's imminent ruling in the "fleeting expletives" case likely change the constitutional and public policy underpinnings for the current regulatory scheme? And how will the FCC and Congress likely react?

Is Cable next? What is the likelihood that current indecency regulation could be extended from broadcast to cable television?

Are alternatives like the V-chip more likely, or less?

The Fairness Doctrine: What are the chances for a re-birth of this regulation, and in what form?

If indecency regulation is struck down by the Supreme Court, is there a basis on which to uphold this doctrine?

Who wins, and who loses, if "fairness" isn't regulated in broadcasting?

Panelists:

Angela Campbell, professor of law and director of the Institute for Public Representation at the Georgetown University Law Center.

Robert W. Peters, President of Morality in Media, author of numerous legal articles, amicus briefs and regulatory filings focused on regulation of indecent broadcast content.

Robert Corn-Revere, successfully defended CBS Corporation against indecency charges arising from its broadcast of Janet Jackson and Justin Timberlake's performance at the 2004 Super Bowl halftime show, partner in Davis Wright Tremaine LLP.

Moderator:

Lee Levine, noted First Amendment litigator, partner in Levine Sullivan Koch & Schulz, L.L.P. and adjunct professor at Georgetown University Law Center.

For more information, see www.nycbar.org/index.htm