Court case

The Federal Communications Commission has shut down conspiracy theorist Alex Jones’s flagship radio station, the pirate radio station, Liberty Radio. Liberty was hit with a $15,000 fine and at least temporarily pulled from the airwaves. A lawsuit filed in federal court in Austin (TX) alleged that Liberty Radio had functioned without a license since at least 2013, and had been transmitting from a tower at an Austin apartment complex. Liberty Radio stopped airing on the radio in December, but still streams online.

Notice that a proposed Final Judgment, Stipulation, and Competitive Impact Statement have been filed with the United States District Court for the Southern District of New York in United States of America v. The Walt Disney Company, et al., Civil Action No. 1:18–cv–05800.

Opponents of the AT&T-Time Warner merger are taking aim at District Judge Richard Leon’s June decision to allow the deal to go forward. Here’s a rundown of some of their legal briefs as an appeals court prepares to take up the case:

While unlikely to draw the level of attention given to abortion rights, the Affordable Care Act, and affirmative action, the status of the “Chevron doctrine” is, to many, a crucial consideration for and against the confirmation of Judge Brett Kavanaugh’s nomination to the Supreme Court. The Chevron doctrine gives regulatory agencies substantial discretion to decide what they can do under the laws that define their authority. Perhaps the most relevant Supreme Court Chevron-related opinion these days is National Cable Television Association v. Brand X, decided in 2005.

The Federal Communications Commission has filed a document with the US Court of Appeals for the District of Columbia that could help the Trump Administration's challenge of a DC district judge's decision to allow the merger of AT&T/Time Warner, which closed back in June.  That includes the current, Republican-led FCC emphasizing the previous Democratic-led FCC's conclusion that the Comcast/NBCU transaction would increase bargaining leverage and raise prices of programming to rival distributors—hence the conditions applied on that deal.

A federal court has blocked the Federal Communications Commission from making changes to its Lifeline broadband subsidy program that would have effectively eliminated benefits for many Native Americans living on tribal lands. A three-judge panel of the DC Circuit Court of Appeals issued a stay of the FCC’s order, saying that it would likely cause significant loss of telecommunications service to tribal areas.

Tribune Media said in court filings that its merger path over the past 12 months with Sinclair Broadcast Group was bloodied not by regulatory pressure but by its partner's hubris, and is seeking $1 billion in damages to help heal its wounds. Tribune said Sinclair repeatedly failed to disclose key information to tribune and regulators, a practice which helped torpedo the deal. According to the suit, the deal would have likely been approved months ago if Sinclair had only agreed to divest of stations in 10 overlap markets earmarked by the Department of Justice and presented clean station sale

Tribune Media will withdraw from its $3.9 billion merger with Sinclair Broadcast Group, saying it would sue Sinclair for “breach of contract” over its failed negotiations with regulators over the deal. “In light of the FCC’s unanimous decision, referring the issue of Sinclair’s conduct for a hearing before an administrative law judge, our merger cannot be completed within an acceptable time frame, if ever,” said Peter Kern, Tribune’s chief executive officer. “This uncertainty and delay would be detrimental to our company and our shareholders.

Not long after several of the country’s biggest tech firms — Apple, Facebook and Google — kicked the conspiracy theorist Alex Jones off their various online platforms, Jones’s allies complained that he had been deprived of his First Amendment rights to free speech. Several scholars of free speech had already concluded that many of the things he has said online were not in fact protected by the First Amendment. 

The Federal Communications Commission has already repealed net neutrality, but the Trump administration can't leave it there. It also wants the Supreme Court to remove a ruling that upheld the controversial Obama-era rules. Is this a big deal? It depends on who you ask. While the request is somewhat unusual, not many cases upholding government regulation are followed by a repeal of that regulation, some legal experts say remanding the decision is just a bit of legal housecleaning. But net neutrality supporters disagree.