Tuesday, July 13, 2010
Top Guns. While the Second Circuit is one of the most important commercial courts in the United States, we rarely get a number of top gun attorneys appearing in a single case. In Fox Television Statements, Inc. v. FCC. Three top well-known appellate lawyers appeared in the case -- Carter Phillips, Miguel Estrada and Seth Waxman. In a prior decision in the case, the Second Circuit had held that the indecency policy of the FCC was arbitrary and capricious under the Administrative Procedure Act. The Supreme Court disagreed and remanded the case to the Second Circuit to consider the petitioners' constitutional argument. On remand, the Second Circuit held that the policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes beyond the "fleeting explitives" at issue in the case. The decision can be found here. Congratulations to Carter, Miguel and Seth for being among the prevailing attorneys. The case was argued on January 13, 2010. If I had known of the star power being assembled in this case, I certainly would have made time to come down for the argument.