Paul Gluckman

Executive Senior Editor at Consumer Electronics Daily [CEASED]

Executive Senior Editor at Warren Communications News, Inc.

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Articles

Scholars’ Amicus Brief: TikTok Ban’s Unconstitutionality Not ‘a Close Case’

Jun 30, 2024 | communicationsdaily.com | Paul Gluckman

The law can’t justify “its extreme and indiscriminate restraint on free speech,” according to the brief from professors Milton Mueller and Hans Klein of the Georgia Institute of Technology’s School of Public Policy; Timothy Edgar of Brown University; and Susan Aaronson of George Washington University's Elliott School of International Affairs. The scholars specialize in AI, cybersecurity, data governance, international public affairs, internet governance and national security, the brief said.
SCOTUS Rejects White House Social Media Injunction for Lack of Standing

Jun 26, 2024 | communicationsdaily.com | Paul Gluckman

Justice Amy Coney Barrett delivered the majority opinion. Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson joined the majority. Justice Samuel Alito filed a dissenting opinion, and Justices Clarence Thomas and Neil Gorsuch joined in Alito's dissent.
Molaks' Reply Brief: Section 254 Doesn't Authorize Wi-Fi on School Buses

Jun 26, 2024 | communicationsdaily.com | Paul Gluckman

‘Wriggling Desperately’The FCC, intervenors and amici who benefit from E-rate funding contend that authorizing Wi-Fi on school buses will advance students’ education, but there’s “powerful and growing evidence to doubt that claim,” petitioners Maurine and Matthew Molak said in their 5th U.S. Circuit Appeals Court reply brief Monday (docket 23-60641). The Molaks argue that the 5th Circuit should vacate the FCC’s Oct.
FCC Defends Digital Discrimination Rules as ‘Administrable and Fair’

Jun 26, 2024 | communicationsdaily.com | Paul Gluckman

‘Measured Approach’To fulfill its “broad mandate” under the Infrastructure Investment and Jobs Act, the FCC in the digital discrimination order on review “adopted rules that prohibit practices with unjustified discriminatory effects on access to broadband service,” plus intentional discrimination, the commission’s brief said Tuesday (docket 24-1179) in the 8th U.S. Circuit Appeals Court.
TikTok, 8 Creators: D.C. Circuit Should Permanently Block Federal TikTok Ban

Jun 23, 2024 | communicationsdaily.com | Paul Gluckman

Since TikTok is a “wellspring of free expression,” the First Amendment “safeguards the right of Americans to speak and associate using the platform,” yet Congress “has singled out the content on TikTok for elimination,” a separate brief (docket 24-1130) from eight TikTok creators, also challenging the federal ban, said Thursday. Never before has Congress “silenced so much speech in a single act,” the TikTok/ByteDance brief said.
FCC Urges 6th Circuit to Deny ISPs’ Motion to Stay Net Neutrality Order

Jun 20, 2024 | communicationsdaily.com | Paul Gluckman

‘Heavy Burden’ UnmetThe ISP petitioners’ consolidated motion to stay the FCC’s net neutrality order (see 2406110073) “attempts to replay the same legal challenges they ran unsuccessfully in 2015,” said the commission's opposition Tuesday in the 6th U.S. Circuit Court of Appeals (dockets 24.7000, 24.3449, 24.3450, 24.3497, 24.3504, 24.3507, 24.3508, 24.3510, 24.3511, 24.3517, 24.3519, 24.3538).
10 Groups Oppose Transferring Net Neutrality Challenges to D.C. Circuit

Jun 19, 2024 | communicationsdaily.com | Paul Gluckman

‘Nationwide Effect’ Granting the FCC’s motion to transfer the consolidated challenges to the commission’s net neutrality order to the U.S. Appeals Court for the D.C. Circuit would “subvert” Congress’ preference for “dispersed regulatory challenges rather than specialized courts,” CTIA, USTelecom and eight other groups told the 6th Circuit in a joint opposition brief Monday (dockets 24-7000, 24-3449, 24-3450, 24-3497, 24-3507, 24-3508, 24-3510, 24-3511, 24-3517, 24-3519).
School Bus Wi-Fi Authorization ‘Well Within’ FCC's Authority, Says Coalition

Jun 12, 2024 | communicationsdaily.com | Paul Gluckman

The coalition’s unopposed Jan. 19 motion sought leave to intervene on the FCC’s behalf in the challenge petitioners Maurine and Matthew Molak brought to defeat the school bus Wi-Fi declaratory ruling, partly on grounds that the ruling exceeded the FCC's authority (see 2401200001). The 5th Circuit granted the coalition's motion to intervene five days later (see 2401250002). Homework “no longer means cracking open a textbook and completing a written handout,” said the coalition.
10 Educational Groups Say 5th Circuit Should Affirm FCC’s School Bus Wi-Fi Authorization

Jun 11, 2024 | communicationsdaily.com | Paul Gluckman

‘Game-Changer’The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) “is both appropriate and lawful,” the National Education Association, the American Federation of Teachers and eight other educational groups in a 5th U.S. Circuit Appeals Court amicus brief Monday (docket 23-60641) in support of the commission's ruling.
Petitioners Press for Unimpeded Public Disclosure of FCC’s Equipment Testing Rules

Jun 5, 2024 | communicationsdaily.com | Paul Gluckman

‘Cost Justification’ MootThe FCC has an “affirmative legal obligation” under Sections 552 and 553 of the Administrative Procedure Act “to make its proposed and final rules readily available to the public without charge,” despite the process known as incorporation by reference (IBR), said iFixit, Public Resource and Make Community in their reply brief Tuesday (docket 23-1311) at the U.S. Court of Appeals for the D.C. Circuit.