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Court and Agency Briefs

Supreme Court Brief in FCC v. Fox, the "Fleeting Expletives" Case
(August 8, 2008) - FEPP joined with the ACLU, the Directors Guild of America, the National Federation of Community Broadcasters, and nine other organizations in urging the Court not only to affirm last year's court of appeals decision striking down the Federal Communication Commission's ban on "fleeting expletives" in radio and TV broadcasting, but clarifying that the laws governing the FCC can no longer be interpreted to allow the agency its freewheeling censorship of constitutionally protected speech on the airwaves.

National Coalition Against Censorship Urges Full First Amendment Protection for Student in "Bong Hits for Jesus" Case
(February 21, 2007) - FEPP was co-counsel on a friend-of-the-court brief to the the Supreme Court, arguing that a student had a Fist Amendment right to hold up a controversial banner on a public street.

Filmmakers, Writers, Free Speech Groups Urge Court to End FCC Censorship
(November 30, 2006) - 20 organizations, led by the Brennan Center, have filed a friend-of-the-court brief arguing that the FCC's rules banning "profanity" and "fleeting expletives" on the airwaves are unconstitutional.

White Paper to the Nebraska Broadband Task Force: The Need to Permit Broadband From Public Entities
(May 22, 2006) - The Brennan Center and six other groups have filed a brief explaining why states shouldn't bar their cities, towns, and public power companies from offering high-speed Internet access.

ACLU and Brennan Center File Amicus Brief Opposing Monopoly Control of Internet Access
(February 28, 2005) - The Brennan Center joined with the ACLU in a friend of the court brief to the Supreme Court; the case concerned whether cable monopolies can control broadband Internet access and thereby decide what their customers will be able to see.

Brennan Center Joins Fight for Community Wireless
(February 28, 2005) - A coalition of media democracy groups has filed "Economic and Legal Reply Comments" asking the FCC to regulate "white spaces" in the broadcast spectrum in order to promote nonprofit community use of a portion of the public airwaves for wireless communications.

Friend of the Court Brief Challenges Laws That Shrink the Public Domain
(January 28, 2005) - The Brennan Center and other groups are urging the Ninth Circuit Court of Appeals to recognize that laws eliminating copyright "formalities" harm free expression by starving the public domain.

Brennan Center and EFF Urge Court of Appeals to Recognize the Importance of Music Sampling
(January 21, 2005) - Our friend-of-the-court brief argues that the "de minimis" rule protecting small amounts of copying is important to artistic creation.

For FEPP Court and Agency Briefs in 2000-2004, go to the Archives Page.

The Free Expression Policy Project began in 2000 as a project of the National Coalition Against Censorship, to provide empirical research and policy development on tough censorship issues and seek free speech-friendly solutions to the concerns that drive censorship campaigns. In 2004-2007, it was part of the Brennan Center for Justice at NYU School of Law. Past funders have included the Robert Sterling Clark Foundation, the Nathan Cummings Foundation, the Rockefeller Foundation, the Educational Foundation of America, the Open Society Institute, and the Andy Warhol Foundation for the Visual Arts.

All material on this site is covered by a Creative Commons "Attribution - No Derivs - NonCommercial" license. (See You may copy it in its entirely as long as you credit the Free Expression Policy Project and provide a link to the Project's Web site. You may not edit or revise it, or copy portions, without permission (except, of course, for fair use). Please let us know if you reprint!