American Civil Liberties Union, et al.
Amici Curiae
Marjorie Heins, Counsel of Record The American Civil LibertiesUnion is joined in this case by 11 other media, arts, and advocacyorganizations concerned with preserving Firs Amendment rights. Marjorie Heinsis the founder of The Free Expression Policy Project. The following isexcerpted from the Amicus Curiae Brieffor the Respondents as submitted to the U.S. Supreme Court on August 8, 2008. Havingsought Supreme Court review solely because the court of appeals’ FirstAmendment analysis created a “Sisyphean errand and put the agency “in anuntenable position, the Federal Communications Commission (FCC) now arguesthat the Court must avoid all constitutional questions. But the FCC cannot…
