More than a quarter-century ago, Professor Laurence Tribe declared: “The first amendment’s sweeping guarantees have been most compromised in the realm of the most modern medium: electronic broadcasting.” (American Constitutional Law, p. 1004: 1988).
Perhaps mindful of that contention, in his petition for certiorariJoshua Rosenkranz (who heads Orrick’s Supreme Court and appellate litigation practice) urges the Court to reconsider its unanimous ruling in Red Lion Broadcasting Co. v. FCC (1969), which upheld the Fairness Doctrine over a First Amendment challenge. (Note: Archibald Cox and Erwin Griswold successfully represented the Respondents in the case. The ACLU filed an amicus brief submitted by Melvin L. Wulf and Eleanor Holmes Norton in which they supported the First Amendment claims.)
Josh was of course the first director of the Brennan Center and I worked with him a few years ago on the Carrigan case.
One to watch.