Court case

In a case closely watched for its potential implications for social media, the Supreme Court has ruled that a nonprofit running public access channels isn’t bound by governmental constraints on speech. The case, which the conservative wing of the court decided in a split 5–4 ruling, centered around a Manhattan-based nonprofit tasked by New York City with operating public access channels in the area. The organization disciplined two producers after a film led to complaints, which the producers argued was a violation of their First Amendment speech rights.

Federal Communications Commission media ownership deregulation took its latest trip to Philadelphia (PA) June 11 as the FCC defended its latest rule changes against a challenge by Prometheus Radio Project in the US Court of Appeals for the Third Circuit.  Prometheus filed suit against the FCC's fall 2017 decision, under Chairman Ajit Pai, that eliminated the newspaper-broadcast and the radio-TV cross-ownership rules, among other deregulations. Joined by the Media Mobilizing Project, Prometheus wants the court to reverse the 2017 decision and require the FCC to "fully comply" with the court'

A group of attorneys general from 10 states filed a federal lawsuit in a bid to block a proposed merger between the wireless carriers T-Mobile and Sprint, a $26 billion deal that has yet to receive the Justice Department’s approval. The lawsuit, led by Letitia James of New York and Xavier Becerra of California, contends that competition will suffer and consumer prices will rise if the companies combine. Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia and Wisconsin joined the complaint, which was filed in Federal District Court in Manhattan.

The Supreme Court said that it would hear a case alleging that Comcast discriminated against an African-American owned media company in declining to take up its channels. The justices said in an unsigned order that the court will consider whether the network needs to prove that Comcast meant to act in a discriminatory way in the case. Byron Allen, the owner of the Entertainment Studios Network (ESN), alleged that Comcast violated the Civil Rights Act of 1866 in rejecting to carry his channels.

The US Court of Appeals for the DC Circuit has declined to hold edge providers liable for false third-party content posted on their sites, even if they know the information being posted is false. Google, Microsoft and Yahoo! are not responsible for flooding the online search market with info on "scam" locksmiths, if the market has been so flooded, because such liability is barred by the Communications Decency Act, whose much-in-the-news Sec. 230 holds that the edge can't be treated as a publisher of third party content on their platforms.

Two parties have gone to court to try to put to a vote of the public the city of Tacoma’s proposal to enter into a private-public partnership to manage Click, the municipal cable and internet network. Both cases, filed recently in Pierce County Superior Court, contend the proposal violates the city’s charter, a charge the city rejects. The section of the charter in dispute is Section 4.6, titled, “Disposal of Utility Properties.” It states: “The City shall never sell, lease, or dispose of any utility system

The New York Times Company is urging a judge to order the Federal Communications Commission to disclose information about network neutrality commenters, despite the agency's objections that doing so could compromise people's privacy. “The FCC’s claims dramatically overstate the potential for harm,” the Times writes in court papers filed May 23 with the US District Court in the Southern District of New York.

Qualcomm unlawfully suppressed competition in the market for cellphone chips and used its dominant position to exact excessive licensing fees, a federal judge ruled in a decision that could challenge the company’s business model and shake up the smartphone industry. US District Judge Lucy Koh sided sided with the Federal Trade Commission, which brought an antitrust lawsuit against Qualcomm in January 2017. Judge Koh found that Qualcomm violated antitrust law, charging unreasonably high royalties for its patents and eliminating rivals.

A California man was sentenced to more than one and a half years in prison for threatening to kill the family of Federal Communications Commission Chairman Ajit Pai. On or about Dec 19 and 20, 2017, Markara Man, 33, of Norwalk (CA), sent three emails to Chairman Pai’s email accounts. The first email accused Chairman Pai of being responsible for a child who allegedly had committed suicide because of the repeal of net neutrality regulations. The second email listed three locations in or around Arlington (VA) and threatened to kill the Chairman’s family members.

For 5G boosters, the benefits of installing the wireless technology are obvious: It allows delivery of super-fast internet speeds. But to hook up the “small cells” that power 5G grids, wireless providers have to install thick wires and poles and antennae on nearly every block they want to cover, outfitted with equipment that is about the size of a large backpack. It’s not just that 5G requires a lot of gear, which alone can provoke the not-in-my-backyard (NIMBY) backlash that puts a stop to all sorts of projects. It’s also that some people really don’t like it when they see it.