OA112: Who’s Afraid of the FCC?

Today’s rapid-response episode begins with a discussion of a recent petition to the Supreme Court for certiorari filed in Evans v. Georgia Regional Hospital, and in particular, an amicus curiae brief submitted by 76 employers.  How does this brief affect the future of gay rights in this country?  Listen and find out!

Next, our main segment looks at Donald Trump’s recent threat to have the FCC “revoke NBC’s license,” and rewards you with a deep dive into what the FCC is and what it can and cannot do.  (Hint:  it cannot revoke NBC’s “license.”)  Remember that we first discussed the FCC’s “Common Carrier” regulatory authority back in Episode 64 and Episode 65 in evaluating the history of the net neutrality movement.

After that, we answer two related listener questions from patrons John Funk and Secular Ewok about the attorney-client relationship and some crazy situations.

Finally, we end with a new Thomas Takes the Bar Exam Question #45 about the Fifth and Fourteenth Amendment in the context of a business license.  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

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Show Notes & Links

  1. As background to this issue:  we first discussed Hively v. Ivy Tech back in Episode 60, and then followed up with our discussion of Zarda v. Altitude Express in Episode 91.
  2. This is the cert petition filed by Evans.
  3. And this is the amicus brief filed by the 76 employers that you should definitely read.
  4. Here’s the New York Times story about Trump threatening NBC.
  5. And, of course, you can read the FCC’s description of its own regulations.
  6. The FCC derives its authority to regulate broadcast media from 47 CFR Chapter I, Subchapter C.
  7. Finally, you can click here to read Rule 1.2 of the Model Rules of Professional Conduct for lawyers.

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