Tullock Lecture: FCC v. Fox October 17
On Wednesday, October 17, the Information Economy Project at Mason Law will present The Tullock Lecture on Big Ideas About Information. The event takes place from 4:00 to 5:30 p.m. in Room 215 of Hazel Hall at 3301 Fairfax Drive in Arlington, with a reception to follow in the Levy Atrium. Mason Law is located a block from the Virginia Square/GMU Station on Metro's Orange Line.
The topic of this lecture is FCC v. Fox: Broadcast Indecency Law as the New Paradigm for Regulatory Failure. The lecture will be presented by Thomas G. Krattenmaker, former Director of Research, FCC; former Professor of Law, Georgetown University Law Center; and former Dean and Professor, William and Mary Law School.
In its June 21, 2012, opinion in FCC v. Fox, the Supreme Court vacated reasoned judgments of the Second Circuit, without one sentence questioning the validity or wisdom of those judgments. Although the Court absolved Fox on a technicality, its opinion appears to reflect a post-modern approach to First Amendment jurisprudence concerning broadcast speech, whereby neither precedent nor principle control outcomes. This indulgent approach to a government censorship bureau appears to acquiesce in an unconfined, unprincipled, and unwarranted seizure of regulatory power by the FCC. The Fox opinion thus compounds and enables a grave regulatory failure; whether any sound broadcast decency policy or legal regime is feasible is perhaps debatable, but the Federal Communications Commission is wholly incapable of administering such a regime.
The lecture will be preceded by a short introduction by Fernando Laguardia, Vice President of External Affairs and Policy Counsel for Time Warner Cable.