Representative Experience
Advising clients on First Amendment, Internet-related issues and FCC regulatory matters

Served as counsel in litigation and regulatory proceedings involving broadcast industry rules, the Communications Decency Act, the Child Online Protection Act, Telephone Consumer Protection Act, Internet content filtering in public libraries, broadcasting and cable television regulations

Lead counsel for CBS in CBS Corporation v. FCC, in which the U.S. Court of Appeals for the Third Circuit unanimously rejected the $550,000 forfeiture penalty and finding of indecency violation levied against CBS for the 2004 Super Bowl halftime show featuring Janet Jackson and Justin Timberlake

Lead counsel in United States v. Playboy Entertainment Group, Inc., in which the U.S. Supreme Court invalidated Section 505 of the Telecommunications Act of 1996 as a violation of the First Amendment

Successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce

Lead counsel for CBS Television Network in Fox Television Stations, Inc. v. FCC, in which the U.S. Court of Appeals for the Second Circuit vacated the FCC’s application of broadcast indecency rules to “fleeting expletives”

Lead counsel in Motion Picture Association v. FCC, in which the U.S. Court of Appeals for the District of Columbia vacated video description rules imposed on networks by the FCC

Lead counsel in Huminski v. Corsones, in which the United States Court of Appeals for the Second Circuit established the First Amendment right of individuals to observe court proceedings

Lead counsel in Mainstream Marketing Services, Inc. v. FTC, challenging the constitutionality of the national "do-not-call" telemarketing regulation

Lead counsel in Mainstream Loudoun v. Loudoun County Library Board of Trustees, in which the U.S. District Court for the Eastern District of Virginia held that mandatory content filtering of public library Internet terminals violates the First Amendment

Prior Experience
Partner, Hogan & Hartson LLP

Chief Counsel to Chairman James H. Quello of the Federal Communications Commission

Associate, Hogan & Hartson LLP

Associate, Steptoe & Johnson

Adjunct Professor, Columbus School of Law, Catholic University of America, 1987-2001

Representative Clients
A&E Television Networks
American Association of Advertising Agencies
Association of National Advertisers
Black Entertainment Television
CBS, Inc.
Center for Democracy and Technology
Enigma Software Group
Fox Entertainment Group
ICM Registry
Motion Picture Association of America
National Association of Broadcasters
Nickelodeon
Playboy Enterprises, Inc.
Viacom, Inc.

Publications and Presentations
Has written extensively on First Amendment, Internet and communications-related issues and is a frequent speaker at professional conferences

For a list of testimony, click here.

For a list of selected articles, click here.

Books

Co-author of three-volume treatise entitled Modern Communications Law, West Group, Inc., 1999

First Report, Implementing a Flag Desecration Amendment to the U.S. Constitution, Freedom Forum First Amendment Center, July 2005

Project chair and co-author, First Amendment and the Media, Media Institute, 1997-2003

Author, Freedom of Speech and Content Regulation on the Internet, Internet Law and Regulation (Treatise Chapter), Pike & Fischer, Inc., May 2005

Editor and co-author, Rationales & Rationalizations, Media Institute, 1997

Memberships and Activities
District of Columbia Bar

Bar of the United States Supreme Court

Court of Appeals for the District of Columbia, Second, Third, Fourth, and Tenth Circuits

Media Institute First Amendment Advisory Counsel; Chair, 1997-2003; Member, Board of Trustees, 1997-2003

Adjunct Scholar, Cato Institute, Washington, D.C.

Member, Editorial Advisory Board of Pike & Fischer’s Internet Law & Regulation

Freedom to Read Foundation Board, 2000-2002

Selected to "Top First Amendment/Media/ Advertising Super Lawyers," Washington, D.C. Super Lawyers®, 2008

Named as one of the “Best Lawyers in America” in First Amendment Law and in Media Law by Woodward/White

Named as one of the “Top 100 Outside Counsel Power Lawyers,” Hollywood Reporter ESQ., 2007

Selected as one of "Ten of the D.C. Area's Top 10 Communications Lawyers," Legal Times, 2007

Named as one of "America's Leading Business Lawyers" by Chambers USA, 2005-2006

Education
J.D., Columbus School of Law, 1983

• Lead Articles Editor, Catholic University Law Review

B.A., Eastern Illinois University, 1977