Commentaries

The Trials of Judge Kozinski
(July 13, 2008) - When it comes to sexual humor, what standards should apply to a judge's private web files?

Victory for "First Sale" Rule in the Case of Promotional CDs
(June 18, 2008) - A judge has ruled that music companies can't stop the trade in promo CDs.

The Insidious Persistence of Loyalty Oaths
(May 24, 2008) - A pacifist teacher in California is the latest casualty of an enforced ritual of political conformity imposed on public employees.

Can Cellphone Companies Censor Text Messages?
(October 24, 2007) - Verizon's blocking of a Naral/ Pro-Choice America message might be illegal if text messages, like phone calls, are covered by "common carrier" rules.

Another Game Censorship Law is Struck Down
(August 15, 2007) - Why nine court defeats haven't stopped states from trying to restrict "violent" video games.

Condomphobia
(July 17, 2007) - CBS and Fox TV's rejection of a Trojan ad recapitulates an old story of American schizophrenia on the subject of sex.

Supreme Court Carves Out a New Exception to Student Free Speech
(June 25, 2007) - The Court's decision in the "Bong Hits 4 Jesus" case draws a murky line between advocacy of illegal conduct (not protected) and political dissent (protected - at least sometimes).

The Campaign Finance Page
(April 27, 2007) - FEPP's roadmap to the intricacies of the McCain-Feingold law, the 2003 Supreme Court decision upholding it, the later challenge brought by Wisconsin Right to Life, and the stakes for free speech and democracy.

Secrecy and Freedom
(April 10, 2007) - The government tries to airbrush history when it demands recantation of torture allegations in exchange for a Guantanamo prisoner's plea bargain.

The Perils of Filtering in a post-Grokster World
(November 3, 2006) - On remand from the Supreme Court's decision condemning file-sharing networks, a judge dangerously relies on overbroad copyright filters.

The Disconnect Between Fact and Rhetoric
(August 2, 2006) - A recent conference, "Beyond Censorship," touts ratings and filters, and buys into myths about proven harm from sexual or violent content.

Movie Censors Are Also Copyright Infringers
(July 11, 2006) - A federal court has ruled against the fair use arguments of CleanFlicks and fellow sanitizers.

Net Neutality Takes Center Stage
(May 30, 2006) - How broadband technology and a bad Supreme Court decision have come to threaten the once-democratic Internet.

America's Culture Czars
(March 21, 2006) - The FCC's latest "indecency" rulings are so radical as to beg for court review.

Of Threats, Intimidation, Sensitivity, and Free Speech: The Muhammad Cartoons
(February 22, 2006) - Some basic facts and principles about blasphemy, defamation, incitement, and media self-censorship to help guide the debate.

Patriot Act Renewal Stalls in Congress
(January 10, 2006) - Congress' compromise reauthorization bill takes a few baby steps toward restoring civil liberties.

Universities, Free Speech, and Military Recruiting
(December 16, 2005) - The Solomon Amendment denies all federal funding to universities unless they give military recruiters access and support of exactly the same kind that they give to employers that don't discriminate. In Rumsfeld v. FAIR, the Supreme Court will decide whether this condition on funding violates the First Amendment.

New Patriot Act Update
(October 15, 2005) - Two sections of the "USA Patriot Act" threaten our right to read - one is up for renewal in Congress. Meanwhile, courts are questioning whether the government really needs these extraordinary powers.

A New Use For Indecency?
(September 15, 2005) - New research suggests a link between media giants and raunchy broadcasting - but should we base policy decisions about media ownership on the FCC's censorship regime?

Censorship at Ground Zero
(August 30, 2005) - Why are Governor Pataki and the Lower Manhattan Development Corp. threatening the very freedoms that the terrorists were trying to destroy?

Two Defeats - and a Silver Lining
(June 28, 2005) - The Supreme Court's Grokster and Brand X decisions may be disappointing, but file-sharing technology survives, and the campaign for media democracy goes on.

Sanitizing Movies
(April 18, 2005) - The "Family Movie Act" (which was passed into law shortly after this testimony was given) singles out filmmakers for lesser copyright protection in order to encourage the movie-censoring industry.

Understanding Grokster
(March 28, 2005) - The Supreme Court hears argument on March 29 in the hottest case of its term - the entertainment industry's suit to stop peer-to-peer technology. What are the legal issues, and the stakes for online communication?

Censoring Indecency is a Diversion
(March 16, 2005) - Why Senator Stevens' plan to extend indecency regulation to cable is an unconstitutional diversion from structural regulation of media oligopolies.

For FEPP Commentaries in 2002-2004, go to the Archives Page.