Fleeting Indecencies and Enduring Constitutional Doctrine

[Editor’s Note: This month, faculty members will discuss upcoming judicial decisions of particular interest. This is the first post in the series.]

On June 27, 2011, near the end of its October 2010 Term, the U.S. Supreme Court granted certiorari review in FCC v. Fox Television Stations, a case arising in 2010 out the Second Circuit Court of Appeals following a 2009 remand from the Supreme Court.

At issue, in this round of the litigation, is the FCC’s expansion of its broadcast prohibitions to include so-called “fleeting indecencies,” isolated (uncensored) utterances that “describe or depict sexual or excretory organs or activities” and, when used, are “patently offensive as measured by contemporary community standards for the broadcast medium.” Perhaps the most notorious fleeting indecency in recent years was Janet Jackson’s unfortunate “wardrobe malfunction,” precipitated by Justin Timberlake, during the halftime show of Super Bowl XXXVIII.

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Senator Feingold on Civility

Last week in honor of ABA Mediation Week, the DR Society here hosted former Senator Russell Feingold for a talk on Civility in Public Discourse. We had a wonderful off-the-record hour (so I can’t tell you all the good stories!–here is me cracking up at one) but what I can say is heartening in terms of supporting our students. Feingold noted that the most persuasive negotiators in the Senate were those who were passionate and had conviction and would also know when to work out a deal. You could trust that they would keep their word. When I asked him about the “argument culture” that seems to pervade Washington, Senator Feingold urged our students to fight against this mentality–stay civil, be humble, keep your word. In reflecting about his long-term interactions with Senator McCain on the campaign finance reform bill, Senator Feingold pointed out that these cross-cutting relationships are crucial–after all, you don’t need to make a deal with those who already agree with you. Over his 18 years in the Senate, he noted how the atmosphere had changed where a senator was part of a joint enterprise with an honored history and esprit de corps–these days politicians get elected by running against the idea that you need to work together. In focusing on Wisconsin–which has been an incredible battleground in the last year over labor rights, the Supreme Court, and other issues–I will note at least two state senators that seem to be taking a page from Senators Feingold and McCain. Dubbed the Common Ground tour, these two senators are touring their respective districts stumping for common issues.  (For more on the Common Ground tour and to hear directly from these state senators, you can click here to watch our own Mike Gousha interviewing them as part of Marquette’s “On the Issues” series.)

Cross posted at Indisputably.

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Pro Bono: A Lot to Celebrate

Last week, as part of the American Bar Association’s coordinated effort to showcase the great difference pro bono makes, we hosted our third annual Pro Bono Celebration.  This gave us opportunity to highlight some of our community partners.  We celebrated with balloons and cake in the conference center and heard from Beth Cordes Thompson, Director of Wisconsin English Language Partners of Wisconsin and a recent beneficiary of the Marquette Legal Initiative for Nonprofit Corporations’ services;  Gerri Sheets-Howard, Director of the House of Peace where the Marquette Volunteer Legal Clinic (MVLC) is in its tenth year of operation; Jim Duff, Director of Milwaukee County Veterans’ Service Office where the MVLC has hosted a clinic since 2009; Dr. Luis “Tony” Baez, Director of the Council for Spanish Speakers where the MVLC has operated a clinic since 2008; and John Barrett, Milwaukee County Clerk of Courts, where our clinic has run since 2009. These speakers are pictured from left to right in the photo accompanying this post. I heard from multiple attendees that they were refueled after hearing about the reach of the legal services our law students and a dedicated cadre of volunteer attorneys provide.

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