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Tag: FCC

May 21, 2013

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday's City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are sometimes used for such playground antics, others have fundamentally reshaped our law. The most famous of the latter – Footnote 4 from United States v. ...

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