Summary: Administrative agencies have long threatened First Amendment freedoms, and have been called to task for their actions by the courts and by Congress. This panel will examine the interaction between federal regulators and speakers, focusing on an agency with a particular free speech regulation role: the Federal Communications Commission. From indecency enforcement to the Fairness Doctrine, media ownership to the recent Tennis Channel decision, the FCC has a long history of creating tension with the First Amendment. During our session, a panel of experts will discuss the legal and policy implications of the Commission’s recent (and historical) interactions with the First Amendment, and what these actions imply for the future of free speech in the shadow of the administrative state. -- The Telecommunications & Electronic Media Practice Group hosted this panel on "The FCC vs. the First Amendment" on Thursday, November 14, during the 2013 National Lawyers Convention. -- Featuring: Prof. Marvin Ammori, Bernard L. Schwartz Fellow, New America Foundation; Mr. Miguel A. Estrada, Esquire, Partner, Gibson, Dunn & Crutcher, LLP; Ms. Jane Mago, Counsel, National Association of Broadcasters Education Foundation and Executive Vice President and General Counsel, National Association of Broadcasters; and Hon. Ajit V. Pai, Commissioner, Federal Communications Commission. Moderator: Hon. Brett M. Kavanaugh, United States Court of Appeals, District of Columbia Circuit.
