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U.S. Supreme Court

Oct. 16, 2008

War of the Words

An upcoming case on the Supreme Court's docket potentially provides the court with the occasion to bring First Amendment law concerning the mass media into the 21st century, writes Erwin Chemerinsky. - Forum column

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

FORUM COLUMN

By Erwin Chemerinsky

One of the most fascinating cases on the Supreme Court's docket this year, and one that is sure to attract great media attention, involves whether the government may punish television and radio stations for the occasional profanity. The case, Federal Communication Commission v. Fox Television Stations, 489 F.3d 444 (2d Cir. 2007), potentially provides the court with the occasion to bring First Amendment law c...

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