“Making the whole process much more difficult is the rapidly changing media environment. By the time the rules are passed and survive appeal they may no longer be appropriate.”

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

“The bottom line is that the definitional problem alone would almost certainly cause any law to fail Constitutional muster under the First Amendment.”

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

College of Communication Professor T. Barton Carter, an authority on communication law and an FCC expert, said the Supreme Court ordering a lower-court review of the fine against CBS for the Janet Jackson’s “wardrobe malfunction” at the 2004 Superbowl means that case still has a long way to go in light of the high court’s similar ruling last week about “fleeting expletives” involving Fox television.

“This is not unexpected given last week’s ruling in Fox. However, there is just enough of a factual difference that the lower court could still find the same way as before. If not, then just as in Fox case the court will have to address the First Amendment challenges to the indecency rules. The bottom line is that this is far from over.”

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

College of Communication Professor T. Barton Carter, a communication law and FCC expert, says Fox Television Stations will likely eventually win its case concerning expletives for which the FCC was issuing fines, despite the Supreme Court’s 5-4 ruling upholding the FCC’s “fleeting expletive” rule.

“This decision prolongs the long battle over broadcast indecency. As a result of this decision, the case now goes back to the circuit court for a decision on the constitutionality of the policy. Although the lower court did not previously decide this issue, it did discuss it. That discussion indicated a reasonable likelihood that one or more of Fox’s constitutional arguments will succeed.”

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

Mass Communication Professor T. Barton Carter, an FCC expert, reflects on the commission’s long-awaited start today on a national broadband plan aimed at ensuring all consumers have access to fast and affordable services.

“Universal broadband has been a major goal of the Obama administration from the beginning.  It is viewed as essential in today’s society as phone service was in the last half of the 20th Century.  However, it will be much harder to achieve in the U.S. than in some other countries due to the larger geographic area and lower population density that exists here.”

Contact T. Barton Carter, 617-353-3482, comlaw@bu.edu

Journalism Professor Robert Zelnick, an attorney and former long-time ABC News correspondent, in a Boston Globe commentary cautions about Congressional efforts to revive FCC’s Fairness Doctrine.

“The effort by Democrats in both Houses to resurrect broadcasting’s ‘Fairness Doctrine’ after a 22-year hiatus suggests the fragility of constitutional values once the lure of partisan advantage comes into play.  And the relative silence of the mainstream media on the issue implies that many are willing to tolerate some slippage in First Amendment guarantees as the price for taking right-wing talk-radio gladiators down a peg.”

Contact Robert Zelnick, 617-353-5007, bzelnick@bu.edu