While the public hullaballoo overthe FCC's anti-indecency crusade died down quickly after Chairman Powell stepped down (not to mention the revelation that the Parents Television Council was single-handedly responsible for the overwhelming majority of FCC complaints, which happened at about the same time), apparently the objectionable FCC rules and practices have remained in place, and the networks still aren't happy about it. Fox, NBC, and CBS have all taken various indecency rulings to the Second and Third Circuits in litigation that could finally test the constitutionality of the FCC's content-based regulatory powers (story here). Exciting stuff.
If any of the judges or clerks who'll be working on these cases are reading this, and are interested in an exhaustively researched, analytically unassailable and compellingly written article on this subject, I heartily recommend 20 Berkeley Tech. L.J. 341 (2005).
