Today the U.S. Court of Appeals for the 3rd Circuit overturned the $550,000 fine that the Federal Communications Commissions imposed on CBS for Janet Jackson's failure to keep her breasts in her bustier during the 2004 Superbowl halftime show. It ruled that the FCC's abrupt abandonment of a longstanding policy forgiving brief, unplanned bits of "indecency" was "arbitrary and capricious," violating the Administrative Procedure Act. Because of the change in policy, the court said, CBS did not have fair warning that it could be fined for an incident like this one. Last year the U.S. Court of Appeals for the 2nd Circuit reached a similar conclusion (PDF) regarding the FCC's suddenly strict treatment of fleeting profanities uttered by celebrities during live award shows. In March the Supreme Court agreed to review the latter decision, so it may soon decide the extent to which the FCC can make shit policy up as it goes along.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President's 'Internet Kill Switch'
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.