First Amendment & Free Speech

Irony Alert: Supreme Court Refuses to Allow Public to Hear Free Speech Case Live

by on October 27, 2008 · 12 comments

Like many others, I have long been troubled by the fact that the Supreme Court does not allow TV cameras or live audio coverage of the cases it hears.  I know all the arguments against live video or audio coverage and I find them all quite unconvincing when weighed against the public’s right to hear the oral arguments and decisions that will have such a direct bearing on their lives and liberty. We should be allowed to see, or at least hear, these arguments and decisions as they happen.

Anyway, as I was reading through an article today in Broadcasting & Cable about how “C-SPAN Seeks Oral Argument Tapes in Fox Swearing Case,” I couldn’t help but think about how particularly ironic it was that our nation’s highest court would be considering one of the most important free speech cases in decades — FCC v. Fox — and it yet wouldn’t be allowing any of us to listen in live when it takes place on November 4th! If we are lucky, the Court might grant C-SPAN expedited access to the tapes of the arguments, but it may be that we have to wait many weeks to hear what was said.

Seems silly to me. Worse yet, it means I will have to camp out in front of the Supreme Court the night before and freeze my butt off in the hope of getting a seat in the courtroom to hear the live argument! Which brings up the final bit of irony I always like to point out about restricting cameras and microphones from courtrooms: Why are they letting anyone in the courtroom at all if they so fear instantaneous public access to the arguments?

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PFF Launches Center for Internet Freedom

by on October 24, 2008 · 12 comments

The Progress & Freedom Foundation has just launched the new Center for Internet Freedom.  CIF offers an alternative to the proliferation of advocacy groups calling for government intervention online by offering timely analyses and critiques of proposals that diminish the vital role of free markets, free speech and property rights.  We aim to drive the Internet policy debate in new directions by emphasizing a layered approach of technological innovation, user education, user self-help, industry self-regulation, and the enforcement of existing laws consistent with the First Amendment.  Such an approach is a less restrictive—and generally more effective—alternative to increased regulation.  

Here are some of the issues I’ll be working on as CIF’s Director in conjunction with my esteemed colleagues Adam Thierer, Adam Marcus, and adjunct fellows: 

  • Defending online advertising as the lifeblood of online content & services, especially in the “Long Tail”;
  • Emphasizing market solutions to problems of privacy protection, especially regarding the use of cookies and packet inspection data;
  • Protecting online speech and expression both in the U.S. and abroad;
  • Defending Section 230 immunity for Internet intermediaries;
  • Opposing online taxation and legal barriers to e-commerce and digital payments, especially at the state and local levels; and
  • Ensuring that Internet governance remains transparent and accountable without hampering the evolution of the Internet.

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Leading U.K. Telecom Official to Deliver Major Lecture at George Mason University

by on October 23, 2008 · 5 comments

William Webb, Head of Research and Development at OFCOM, to speak about ‘The Theory, Practice, Politics and Problems of Spectrum Reform’ on November 12

ARLINGTON, VA., October 23 – With the transition to digital television in the United States less than four months away, disputes about the airwaves used by broadcasters are raging here and around the globe.  A world-class expert will soon weigh in on how one country, the United Kingdom, views the challenges of bringing radio spectrum allocation into the 21st Century.

On Wednesday, November 12, 2008, the Information Economy Project at the George Mason University School of Law will host its next Big Ideas About Information Lecture, featuring an address by Dr. William Webb, a top policy maker at OFCOM, the U.K. telecommunications regulator.

OFCOM’s ambitious liberalization strategy, announced in 2004, permits the large majority of valuable frequencies to be used freely by competitive licensees, offering an exciting and informative experiment in public policy.  Dr. Webb’s lecture, “The Theory, Practice, Politics and Problems of Spectrum Reform,” will offer a timely progress report for the American audience.

Webb’s lecture will be the sixth in a prestigious series that has included Nobel Laureate Vernon Smith and noted economist David Porter on how FCC license auctions have worked; Martin Cooper, the “father of the cellphone,” on spectrum allocation; Brian Lamb, founder and CEO of C-SPAN, on the policies that enabled the cable network to launch;  former Federal Communications Commission Chairman Dennis Patrick, on the decision to abolish the “Fairness Doctrine” in 1987; and University of Minnesota Professor Andrew Odlyzko, on financial bubbles in high-technology industries.

Dr. Webb’s Lecture will review the century-long history of radio spectrum regulation. For almost all of that century, the policy-maker has micro-managed spectrum use, defining services, technologies and business models deployed by wireless operators. The inefficiencies embedded in this approach have triggered calls for liberalization since the pioneering work of economist Ronald Coase in the 1950s.

While efforts to relax administrative control have generally met great political resistance, some substantial progress has been made with the emergence of mobile telephone networks over the past two decades.  Policy makers in some nations are now seeking to achieve bolder changes. The regulator in the United Kingdom, OFCOM, has emerged as a leader in this campaign.

After the Labour Government commissioned a landmark 2002 study authored by economist Martin Cave, OFCOM moved aggressively to assist the emergence of property rights in frequencies, the institutional switch enabling market allocation of radio spectrum.

This lecture, delivered by a key OFCOM policy official and a noted spectrum technology expert in his own right, dissects the liberalization process in Great Britain and offers lessons learned. This experience promises great insight for the U.S. and other countries struggling to enact pro-consumer policy reforms.

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White Spaces Battle Heats Up as Broadcast Networks Seek ‘Time Out’

by on October 23, 2008 · 13 comments

Over at DrewClark.com, earlier today I reported today that television networks – which in recent years have had a strained relationship with local broadcasters on a variety of fronts – joined with the National Association of Broadcasters in calling for a time out on the politically simmering issue of “white spaces.” Here’s the start of the story, and you can read the full post at DrewClark.com

WASHINGTON, October 23 – The top executives of the four major broadcast networks on Thursday urged the head of the Federal Communications Commission to delay a vote on a politically simmering issue that pits broadcasters against Google and high-tech executives.

In the letter, the CEOs of CBS Corp., NBC Universal and Walt Disney, and the chief operating officer of News Corp., urge that the FCC exercise caution before taking irreparable action with regard to the vacant television channels known as “white spaces.”

Google and the other technology executives, including Microsoft, Motorola, Philips and others, want the FCC to authorize electronic devices that capable of transmitting internet signals over vacant television bands.

The network executives – CBS’s Leslie Moonves, Disney’s Robert Iger, NBC’s Jeffrey Zucker and Peter Chernin of News Corp. – want a time out.

They join their local broadcasting colleagues, as well as manufacturers and users of wireless microphones, like the National Football League and Boadway theater owners, who have been actively lobbying the issue.

[…]

Read the rest of the story at my blog, DrewClark.com – The Politics of Telecom, Media and Technology

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Attack Ad

by on October 14, 2008 · 8 comments

Funny stuff:


Precocious Youngster Sells Cookies To Buy Attack Ad

This is, of course, a wildly implausible story. Here in the real world, McCain-Feingold doesn’t allow little girls—or other private citizens—to run television ads criticizing federal candidates in the month before an election. Which, come to think of it, isn’t funny at all.

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book review: Palfrey & Gasser’s “Born Digital”

by on October 10, 2008 · 150 comments

Born Digital coverEarlier this year, I mentioned an outstanding book that John Palfrey of the Berkman Center for Internet & Society at Harvard Law School co-edited entitled Access Denied: The Practice and Policy of Global Internet Filtering.  It’s an excellent resource for anyone studying the methods governments are (unfortunately) using to stifle online expression across the globe.  It’s one of the most important technology policy books of the year.

Well, it looks like John Palfrey will have a second title on this year’s “Best Tech Books” list.  I’ve just finished his new book with his Berkman Center colleague Urs Gasser, Born Digital: Understanding the First Generation of Digital Natives, and it is definitely worthy of your attention. In my book review posted today on the City Journal’s website, I argue that “Palfrey and Gasser’s fine early history of this generation serves as a starting point for any conversation about how to mentor the children of the Web.”  It’s a comprehensive and very even-handed discussion about a variety of concerns or Internet pathologies, including: online safety, personal privacy, copyright piracy, offensive content, classroom learning, and much more.

My City Journal review is down below, but in coming weeks I will be posting some additional thoughts about some specific things in the book worthy of more attention (including a few things I disagreed with).  Overall, I’d say Born Digital is a close runner-up in the race for “Tech Book of the Year,” closely trailing Jonathan Zittrain’s Future of the Internet and How to Stop It (which I have reviewed multiple times) and Nick Carr’s The Big Switch.  But I found far more to agree with in Born Digital than I did in those two books.  Highly recommended.

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10 Years Under the Digital Millennium Copyright Act – Success or Failure?

by on October 8, 2008 · 5 comments

It’s nearing Halloween, so it must mean the anniversary of the Digital Millennium Copyright Act is just around the corner. In fact, it was 10 years ago, on Sunday, that Congress passed the DMCA, on October 12, 1998. The law was signed by President Clinton on October 28, 1998.

The information and news service that I have launched, BroadbandCensus.com, is “celebrating” the passage of the law with the inaugural event of the Broadband Breakfast Club. The breakfast event will take place on Tuesday, October 14, from 8 a.m. to 10 a.m., at the Old Ebbitt Grill at 675 15th Street NW, Washington, DC.

This event will bring together several key stakeholders together to share perspectives on this topic:

  • Drew Clark, Executive Director, BroadbandCensus.com (Moderator)
  • Mitch Glazier, Senior Vice President, Government Relations, Recording Industry Association of America
  • Michael Petricone, Senior Vice President, Government Affairs, Consumer Electronics Association
  • Wendy Seltzer, Practitioner in Residence, Glushko-Samuelson Intellectual Property Law Clinic, American University Washington College of Law
  • Emery Simon, Counselor, Business Software Alliance

Breakfast for registrants will be available beginning at 8:00 a.m., and the forum itself will begin at around 8:30 a.m., and conclude promptly at 10 a.m. The event is open to the public. The charge for the breakfast is $45.00, plus an Eventbrite registration fee. Seated attendance is limited to the first 45 individuals to register for the event.

Future events in the Broadband Breakfast Club monthly series will feature other key topics involved in broadband technology and internet policy. In fact, you can mark your calendar for the next event on Tuesday, November 18, from 8 a.m. to 10 a.m., also at the Old Ebbitt Grill.

For more information about BroadbandCensus.com, or about the Broadband Breakfast Club at Old Ebbitt Grill – on the second Tuesday of each month – please visit http://broadbandcensus.com, or call me at 202-580-8196.

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Jenkins on new Pew report about “Teens, Video Games, and Civics”

by on October 6, 2008 · 7 comments

So I was just finishing up this excellent new Pew report on “Teens, Video Games and Civics,” and was about to post some thoughts about it when I saw in my RSS feed that the brilliant Henry Jenkins had beat me to it in an essay entitled “Video Game Myths Revisited.” Prof. Jenkins summarizes the major findings of the Pew report as follows (note: He elaborates on each finding in his essay):

  • At the most basic level, game playing has become more or less universal.
  • The Pew research may also force us to rethink once again the assumption that there is a gender gap in terms of who plays games.
  • The Pew Data complicates easy generalizations about the place of violent entertainment in the lives of American teens.
  • The Pew Data further challenges the idea that game playing is a socially isolating activity.
  • The Pew Research does indicate some areas where parents should be concerned about the gaming lives of their sons and daughters.
  • The Pew Research also challenges the prevailing myth that most parents are worried or alarmed about their young people’s relations to games.

Anyway, make sure to read Henry’s write-up and the entire Pew report.  Good stuff.  [And here’s the point where I once again shamelessly plug my old paper on video game myths and some of my other essays like “Dear Gov. Patterson… Regarding that Video Game Bill You Are About to Sign,” “Understanding The True Cost of Video Game Censorship Efforts,” “Do video games create cop killers?” and “Why hasn’t violent media turned us into a nation of killers?”]

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two CDT essays about child safety & free speech

by on October 6, 2008 · 4 comments

Over at CDT’s “Policy Beta” blog, my friends John Morris and Sophia Cope have penned two important essays about online free speech issues that are worthy of your attention. In the first, Sophia argues that the “Next President Must Preserve Free Speech on the Internet.” She argues:

It will be critical for the next President to do his part to uphold the Internet’s robust culture of free speech and innovation as we march further into the 21st Century. In stark contrast to the mass media of the last century, the Internet has provided, at very low cost, virtually unlimited forums for both creators and consumers of new content and technologies. This in turn has created a huge boost for participatory democracy and our economy. The next Administration must reject Congressional or agency efforts to censor content or stifle the fire of innovation on the Internet and other communications media.

Amen! Importantly, Sophia points to the essential role of Section 230 of the Telecommunications Act of 1996, which protects online service providers from crushing legal liability in a variety of circumstances. Sec. 230 is probably the most important — and most often forgotten — law dealing with online freedom. Unfortunately, however, it’s increasingly under attack and we need to be vigilant in defending it. (I’m working on a big paper about that right now with my PFF colleagues Berin Szoka and Adam Marcus).

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Liberals Abandoning the First Amendment, Part 4: Banning Books in Virginia

by on October 3, 2008 · 15 comments

When I open the Washington Post in the morning and find a headline like, “Banned Books, Chapter 2,” I assume that I will be reading about yet another attempt by certain conservative or religious groups to ban books from local libraries that they find objectionable, unethical, or sacrilegious. How ironic then that the debate over banning books that is currently unfolding in my home county of Fairfax County, Virginia, is being led by liberals. My ongoing series about “Liberals Abandoning the First Amendment” has been focusing on Lefties getting weak-kneed about free speech principles that they have traditionally supported, but this one takes the cake.

Here’s what is going on here in Fairfax according to Michael Alison Chandler of the Post:

During a week that librarians nationwide are highlighting banned books, conservative Christian students and parents showcased their own collection outside a Fairfax County high school yesterday — a collection they say was banned by the librarians themselves.

More than 40 students, many wearing black T-shirts stamped with the words “Closing Books Shuts Out Ideas,” said they tried to donate more than 100 books about homosexuality to more than a dozen high school libraries in the past year. The initiative, organized by Colorado Springs-based Focus on the Family, was intended to add a conservative Christian perspective to shelves that the students said are stocked with “pro-gay” books.

Most of the books were turned down after school librarians said they did not meet school system standards. Titles include “Marriage on Trial: The Case Against Same-Sex Marriage and Parenting” and “Someone I Love Is Gay,” which argues that homosexuality is not “a hopeless condition.” “We put ourselves out there . . . and got rejected,” said Elizabeth Bognanno, 17, a senior at West Springfield High School, standing before a semicircle of television cameras outside her school. “Censoring books is not a good thing. . . . We believe our personal rights have been violated.”

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