News & Analysis as of July 25, 2025

First Amendment › The United States Federal Communications Commission

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Term Ends with Major Decisions, Including Banning Universal Injunctions - SCOTUS Today

Epstein Becker & Green on 6/30/2025

If the wide-ranging decisions that ended the U.S. Supreme Court’s 2024 term on Friday have anything in common, it is their length, with some of their syllabi running to five small-print pages and more, and with a plethora of...more

Littler Lightbulb – May Employment Appellate Roundup

Littler on 6/10/2025

Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims - Barnhill v. Pamela Bondi, __ F.4th __ (4th Cir. May 15, 2025) involved claims by a white Department of Justice Drug Enforcement Administration...more

FCC Takes Aim at Media Companies’ IE&D Efforts

Littler on 4/15/2025

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Appeals Court strikes down FCC telemarketing, robocall rule that required specific consent

Ballard Spahr LLP on 2/17/2025

The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent...more

Client Alert: The Future of Pharmaceutical Advertising on Television: Legal and Regulatory Considerations

Jenner & Block on 2/12/2025

The debate over pharmaceutical advertising on television has resurfaced with renewed vigor, among populist conservatives and activists, such as Charlie Kirk, who have advocated for regulatory intervention, and from Robert F....more

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

Akin Gump Strauss Hauer & Feld LLP on 1/28/2025

President Donald Trump’s Executive Order titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the Administration’s first step to pursue the President’s content moderation goals for social media and broadcast...more

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

Troutman Pepper Locke on 12/23/2024

On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

Jenner & Block on 8/5/2024

Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

FCC Attempts to Regulate Artificial Intelligence in Political Advertising Through New Disclosure Requirements - July 2024

Pillsbury Winthrop Shaw Pittman LLP on 8/2/2024

The proposed rule would require radio and TV broadcasters to inquire of political advertisers as to whether their ad includes AI-generated content. A broadcast station that receives a candidate or issue ad containing...more

FCC Attempts to Regulate Artificial Intelligence in Political Advertising Through New Disclosure Requirements

Pillsbury - CommLawCenter on 7/31/2024

The FCC last week released a highly anticipated Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposed disclosure requirements for political ads containing AI-generated content. The item was adopted earlier this...more

AI-Generated Deepfakes and the Emerging Legal Landscape

Perkins Coie on 4/15/2024

As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...more

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

Venable LLP on 3/1/2024

As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

Sheppard Mullin Richter & Hampton LLP on 8/1/2023

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

The Road Ahead for Net Neutrality and the First Amendment

Jones Day on 5/10/2021

The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC. The Issue: Net neutrality raises First Amendment...more

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland (US) LLP on 3/26/2021

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on 1/13/2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

FCC Proposes Disclosure Rules for Certain Programming Provided by Foreign Governments

Wiley Rein LLP on 11/3/2020

On October 26, 2020, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) in which the Commission proposes to amend its sponsorship identification rules to require...more

US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question

Jackson Walker on 10/31/2020

While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in...more

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on 7/11/2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic

Womble Bond Dickinson on 5/13/2020

COVID-19 has closed courts and delayed hearings and trials across the country, but developments concerning the definition of an automatic telephone dialing system have continued unabated. Over the past few months, courts have...more

Eleventh Circuit Reins in TCPA Liability

Jones Day on 2/10/2020

The Situation: The Telephone Consumer Protection Act ("TCPA") prohibits unconsented calls or texts made "using an automatic telephone dialing system" ("ATDS"), defined as "equipment which has the capacity—(1) to store or...more

Eleventh Circuit Decision “Marks” a Further Shift in the TCPA Landscape

Akin Gump Strauss Hauer & Feld LLP on 1/31/2020

Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on 1/31/2020

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach Murtha PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

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First Amendment › The United States Federal Communications Commission

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