The Third Circuit Court of Appeals was right in striking down a federal law concerning depictions of animal cruelty. The statute, 18 U.S.C. 48, is both overly-broad and vague. The First Amendment rights at stake are far too valuable to rely upon prosecutorial restraint for their protection, as argued by the government.
The U. S. Supreme Court, which heard argument yesterday in the case, U. S. v. Stevens, should affirm the Third Circuit's decision.
Showing posts with label Third Circuit. Show all posts
Showing posts with label Third Circuit. Show all posts
October 7, 2009
May 6, 2009
The $550,0000 blink
Last summer the Third Circuit U. S. Court of Appeals vacated the FCC's $550,000 fine against CBS for the infamous Janet Jackson wardrobe malfunction during the 2004 Super Bowl halftime show, finding that the FCC had acted arbitrarily and capriciously.
The FCC petitioned for review, and this week, fast in the tracks of last week's "fleeting expletive" ruling, the Supreme Court vacated that judgment and remanded the case back to the Third Circuit for further consideration in light of FCC v. Fox decision.
A $550,000 fine? For this?
You be the judge.
The FCC petitioned for review, and this week, fast in the tracks of last week's "fleeting expletive" ruling, the Supreme Court vacated that judgment and remanded the case back to the Third Circuit for further consideration in light of FCC v. Fox decision.
A $550,000 fine? For this?
You be the judge.
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