DC Circuit Hears Oral Argument In Broadcast Flag Case

An appellate panel consisting of Judges Edwards, Sentelle and Rogers heard oral argument yesterday in American Library Association et al. v. Federal Communications Commission, et al., the “broadcast flag” case. According to observers, the questioning directed at the agency was particularly hot from Judge Harry Edwards, who told the FCC’s attorney his client exceeded its authority in promulgating its rule. However, the other judges had reservations about the ALA’s standing to contest the agency’s rule. Read the ALA’s brief here and the FCC’s brief here.  Read the ALA’s reply brief here. Brooks Boliek writes about yesterday’s arguments for the Hollywood Reporter here. Even the BBC is covering the story. Declan McCullagh’s article on c/net has helpful links for the technology impaired as well as for those wishing to review the history of the FCC rule.