Teaching Experience:
Georgetown Law
600 New Jersey Ave., NW
Washington D.C. 20001
Professor of Law ( 1995-present ), Associate Professor of Law (1988-1995), Georgetown Law.
I direct the First Amendment and Media Project (formerly known as the Citizens
Communications Center Project) at the Institute for Public Representation. The Institute is both a
public interest law firm and a clinical program at Georgetown Law. The Institute serves as
counsel for nonprofit organizations at the Federal Communications Commission (FCC), the
Federal Trade Commission (FTC), and in federal courts. Some of the issues that we have worked
on over the past several years include media ownership, children and media, access to
communications services for persons with disabilities, and public interest requirements for
broadcast stations.
I supervise graduate fellows and upperclass law students. Clinic students have
opportunities to conduct legal and factual research, engage in sophisticated analysis, do extensive
legal writing, interact with clients and other counsel, and participate in case planning and
developing strategy. I also teach classes for the clinical students on such topics as how lawyers
use the media, statutory interpretation, administrative rulemaking, and legal writing.
In addition to teaching in the clinic, I have on occasion taught a seminar on Comparative
Media Law at Georgetown Law. I also taught in the summer program of the Programme in
Comparative Media Law and Policy at Oxford University in 1998, 1999 and 2001.
Professional Experience:
Trial Attorney, Communications and Finance Section, Antitrust Division, United States
Department of Justice (1984-1988)
Investigated requests for enforcement of the Modified Final Judgment in United States v.
AT&T. Reviewed proposed mergers involving communications firms. Drafted comments filed in
FCC rulemaking proceedings. Received Special Achievement awards in1986 and 1987.
Associate, Fisher, Wayland, Cooper & Leader (1983-1984)
Briefed and argued appeals of FCC decisions to the D.C. Circuit. Drafted applications,
petitions, oppositions, comments and other filings in FCC proceedings. Advised clients in the
areas of broadcasting, cable television, satellites and common carrier telecommunications.
Graduate Fellow, Institute for Public Representation, GULC (1981-1983)
LL.M., 1983, Georgetown University Law Center
J.D., 1981, UCLA School of Law
Editor-in-Chief, Federal Communications Law Journal
B.A., 1976, Hampshire College, Amherst, Massachusetts
Political Science Concentration
Law Review Articles:
Pacifica Reconsidered: Implications for the Current Controversy Over Broadcast Indecency, 63
Fed. Comm. L. J. 195 (2010).
The Legacy of Red Lion, 60 Admin. L. Rev. 783 (2008).
A Historical Perspective on the Public’s Right of Access to the Media, 35 Hofstra L. Rev. 1027
A Public Interest Perspective on the Impact of the Broadcasting Provisions of the 1996 Act, 58
Fed. Comm. L. J. 455 (2006).
Restricting the Marketing of Junk Food to Children by Product Placement and Character
Selling, 39 Loyola of Los Angeles L. Rev. 447 (2006).
Self-Regulation and the Media, 51 Fed. Comm. L. J. 711 (1999).
Ads2Kids.com: Should Government Regulate Advertising to Children on the World Wide Web?,
33 Gonzaga L. Rev. 311(1998).
Lessons from Oz: Quantitative Guidelines for Children’s Educational Television, 20 COMM/ENT
119 (1997).
Universal Service Provisions: The “Ugly Duckling” of the 1996 Act, 29 Conn. L. Rev. 187
Teaching Advanced Legal Writing in a Law School Clinic, 24 Seton Hall L. Rev. 653 (1993).
Political Campaigning in the Information Age, 38 Vill. L. Rev. 517 (1993).
Publish or Carriage: Approaches to Analyzing the First Amendment Rights of Telephone
Companies, 70 N.C. L. Rev. 1071 (1992).
The FCC’s Proposal to Deregulate Radio: Is It Permissible Under the Communications Act of
1934?, 32 Fed. Comm. L.J. 233 (1980).
Online Publications:
Identifying and Reporting Misleading Ads, A Report for the National Policy and Legal Analysis
Network to Prevent Childhood Obesity (May 2010) available at
http:/ /www.nplanonline.org/ childhood-obesity/products/food_ marketing_ FTC
Recent Federal Regulatory Developments Concerning Food and Beverage Marketing to
Children and Adolescents (June 2006), available at
Court to Address Constitutionality of Government Efforts to Discourage Indecent Programming
on Cable Access Channels, 1996 WL 259514 (April 11, 1996).
Book Chapters:
Self-Regulation and the Media, in Regulating Audiovisual Services (Thomas Gibbons, ed. 2009).
Toward a New Approach to Public Interest Regulation of Digital Broadcasting, in Digital
Broadcasting and the Public Interest (Charles M. Firestone and Amy Korzick Garmer, eds. 1998).
Lessons from Oz: Quantitative Guidelines for Children’s Educational Television, in Telephony,
the Internet and the Media: Selected Papers from the 1997 Telecommunications Policy Research
Conference (Jeffrey K. MacKie-Mason and David Waterman, eds. 1998).
Keynote Address: US Perspective on World Wide Web Sites Targeting Children, in Children and
Interactive Media: A Place to Play? (Tracy Newlands and Michele Rogers, eds. 1997).
Keynote Address: US Perspectives on the Regulation of Toy TV Tie-ins, in Marketing Toys: It’s
Child’s Play (Stephen Frith et al., eds. 1995).
Electronic Redlining: Discrimination on the Information Superhighway, in Citizens’
Commission on Civil Rights, New Challenges: The Civil Rights Record of the Clinton
Administration Mid-term (1995) (with co-author James J. Halpert).
Federal Communications Commission: Telecommunications, in Changing America (Mark
Green, ed. 1992) (with co-authors Nolan Bowie and Andrew Jay Schwartzman).
Telecommunications: Federal Communications Commission, in America’s Transition:
Blueprints for the 1990s, (Mark Green and Mark Pinsky, eds. 1989) (with co-authors Nolan A.
Bowie and Andrew Jay Schwartzman).
Supreme Court Briefs:
Brief of Amicus Curiae American Academy of Pediatrics, et al., Federal Communications
Commission v. Fox Television, Inc., 132 S.Ct. 2307 (2012).
Brief of Amicus Curiae American Academy of Pediatrics, et al., Federal Communications
Commission v. Fox Television, Inc., 129 S.Ct 1800 (2009).
Brief of Amicus Curiae American Jewish Committee, et al., Metro Broadcasting v. Federal
Communications Commission, 497 U.S. 547 (1990).
August 9, 2013
March 22, 2013
January 28, 2013
January 24, 2013
July 24, 2012
May 8, 2012
May 24, 2011
April 9, 2011
March 25, 2011
February 2, 2011
Participant in Presidential Panel Session: Mass Communications
Law in Teaching, Research, and Public Service: Its Past, Present
and Future in JMC Education in the US and Abroad, Conference of
the Association for Education in Journalism and Mass
Communication. Washington, D.C.
Keynote Speaker, Is this Even Legal? Demystifying the Laws on
Marketing to Children, and How Companies are Using Data to
Target Children and What You Can Do About It, Consuming Kids
Summit, Boston, MA
Panelist, The International Privacy Rights of the Child,
Computers, Freedom and Privacy, Washington, D.C.
Moderator, Telecommunications Legislation in the 113th Congress,
Georgetown Law
Speaker, Privacy Working Group Lunch, Washington, D.C.
Panelist, Dump the Junk: The Legal Battle Over food Marketing to
Children, Weight of the Nation, conference sponsored by the
Centers for Disease Control and Prevention, Washington, D.C.
Proposed Nutrition Principles and Marketing Definitions,
Interagency Working Group on Food Marketed to Children,
Washington, D.C.
Panelist and Moderator, Privacy in the Age of Google, National
Conference on Media Reform, Boston, MA
Keynote Address, Women’s Ownership of Broadcast Stations:
Past, Present and Future, at Alliance for Women in Media
Symposium, Washington, D.C.
Panelist, Overview of the Communications Act and FCC
Regulation, Federal Communications Bar Association, 10th Annual
Communications Law 101, Washington, D.C.
November 9, 2010
June 2, 2010
April 23, 2010
March 4, 2010
January 27, 2010
December 10, 2009
November 2, 2009
October 3, 2009
February 25, 2009
February 24, 2009
January 22, 2009
December 12, 2008
Moderator, Telecommunications Legislation in the 11 ih Congress,
Georgetown Law
Panelist, The Application of COPPA ‘s Definitions of “Internet, ”
“Website,” and “Online Service” to New Devices and
Technologies, Federal Trade Commission
Public Participation at the Federal Communications
Commission, Midwest Political Science Association Conference,
Chicago, IL
Panelist, Future of Media and the Information Needs of
Communities: Serving the Public Interest in the Digital Era,
Federal Communications Commission
Panelist, Constitutional Issues in Advancing Minority Ownership
Through the FCC ‘s Media Ownership Rules, Federal
Communications Commission
Panelist, It’s Not Child’s Play: Current Issues in Children’s
Television and Advertising Practices, District of Columbia Bar.
Panelist, Media, Kids and the First Amendment, Georgetown Law
and Commonsense Media.
Panelist, Mass Media, the Internet and Service to Communities of
Color, 14th Annual Latcrit Conference, Washington College of
Law, American University.
Presenter, Monitoring Content, Kaiser Family Foundation and
American Center for Children and Media Roundtable, January
2011: Anticipating Children’s Media Policy in the Obama Era.
Panelist, The Public Interest Standard -And the Public’s
Participation at the FCC, Federal Communications Bar
Association Seminar: The Communications Act and the FCC at
75: What Will the Future Bring?
Panelist, Unfair and Indecent? Broadcast Regulation in the
Courts and Congress at the Start of the Obama Administration: A
debate about indecency litigation, the Fairness Doctrine, and what
comes next, New York City Bar.
Panelist, Regulatory Briefing: What Ever Happened to the
Fairness Doctrine and the Tax Certificate? Rainbow PUSH
Coalition and Citizenship Education Fund’s Media &
November 18, 2008
October 30, 2008
June 6, 2008
June 5, 2008
May 3, 2008
March 13, 2008
March 3, 2008
July 25, 2007
June 27, 2007
June 25, 2007
Telecommunications Symposium, Keeping Pace with
Technological Change, Howard University.
The Role of Food Marketing in Preventing Childhood Obesity,
Colloquium, O’Neill Institute on Public Health and Chronic
Disease, Georgetown Law,
“The Seven Dirty Words” Case Reconsidered, Faculty Workshop,
Georgetown Law
Are You Being Served? Public Accountability of Local Television
Stations, National Conference on Media Reform, Minneapolis, MN
Empirical Research in Communications Policy: A Double-Edged
Sword, Academic Conference for Media Reform, sponsored by the
Institute for Information Policy at Penn State University and the
Social Science Research Council, Minneapolis.
The Role of Empirical Data and the Data Quality Act in the FCC ‘s
Media Ownership Proceedings, at Information and the Information
Economy, Fordham University, New York, NY
Panelist discussing the FCC’s modified newspaper-broadcast
cross-ownership rule at a brown bag lunch sponsored by the
Diversity and Mass Media Committees of the Federal
Communications Bar Association, Washington, D.C.
Panelist discussing the FCC’ s recent actions concerning broadcast
localism and disclosure requirements at an event sponsored by the
Campaign Legal Center and the Benton Foundation, National Press
Club, Wasr.ington, DC.
Media Institute Communications Forum. Panelist discussing First
Amendment Issues in the Regulation of Advertising, Washington,
Children & Media: Policy Approaches to Promoting a Healthy
Media Environment, Presentation at Media Law and Policy Forum
at Al Isra’ University, Amman, Jordan
Conducted Workshop at A TV, a company about to launch the first
private television station in Jordan. I presented an overview of
how licensing procedures and content regulation in the US has
evolved over time and suggested how this experience might have
relevance for ATV.
April 12-13, 2007
January 19, 2007
January 11, 2007
January 10, 2007
January 6, 2007
November 4, 2006
October 11, 2006
June 7, 2006
April 28, 2006
February 6, 2006
October 21, 2005
Future of Children Conference on Media and Technology in the
Lives of Children, Princeton University. Commenter on Paper by
Professor Amy Jordon on Media Policy for the Protection of
Children: Rules, Practices and Outcomes, Princeton University.
A Historical Perspective on the Public’s Right of Access to the
Media,” at Reclaiming the First Amendment: Constitutional
Theories of Media Reform, Hofstra Law School, NY.
Panelist, Race & Gender Matter in Media Ownership, National
Conference on Media Reform, Memphis, TN.
Addressed both the Media Ownership Working Group and the
Children’s Research Working Group at the Media Policy Research
Pre-Conference, sponsored by the Social Science Research
Council, Memphis, TN.
Panelist, Telecommunications and the Internet, Race, Ethnicity,
Language and Socio-Economics, Georgetown Conference on
Panelist, Industry Marketing: Subverting Children’s Health, The
Public Health Advocacy Institute’s Fourth Annual Conference on
Legal Approaches to the Obesity Epidemic, Northeastern
University School of Law, Boston, MA
Panelist discussing the Local Television Rules at CLE Seminar
Reconsideration of the Media Ownership Rules, sponsored by the
Federal Communications Bar Association.
What the Blackmun Papers Can Tell Us about Red Lion and Miami
Herald,” GULC Summer Workshop.
The FCC ‘s Equal Employment Opportunity Rules: Past, Present
and Future, at Rethinking the Discourse on Race: A Symposium
on How the Lack of Racial Diversity in the Media Affects Social
Justice and Policy, St. John’s University School of Law, NY
A Public Interest Perspective on the Impact of the Broadcasting
Provisions of the 1996 Act, at Symposium, “The
Telecommunications Act of 1996: Ten Years Later,” George
Washington University
Prohibiting Product Placement and the Use of Characters to
Market Junk Food to Children, at Symposium, Food Marketing
to Children and the Law, Loyola Law School of Los Angeles
September 20, 2005
April 21, 2005
March 13, 2005
February 23, 2005
July 8, 2003
March 10, 2003
January 5, 2003
September 7, 2001
October 23, 2000
September 16, 1999
June 25, 1999
October 29, 1998
September 29, 1997
Prohibiting Product Placement and the Use of Characters in
Marketing to Children, Georgetown Law Faculty Research
Panelist, Discussing Kay Mill’s book, Changing Channels, The
Civil Rights Case that Transformed Television, Georgetown Law
Protecting Children and Free Speech, presentation at the 2005
Campaign for a Commercial-Free Childhood Summit, Howard
Participant in Through a Foggy Lens: The Role of TV in Modern
Campaigns,” Hinckley Institute of Politics, University of Utah.
A Comparison of Media Ownership Regulation in the US and
Canada, Summer Faculty Workshop, Georgetown Law
“Self-Regulation and the Media: Four Years Later,” Programme on
Comparative Media Law and Policy, Oxford University
Annual Meeting of the Mass Communication Section of the
Association of American Law Schools, moderated panel At War
with Communications Law
Why Media Ownership Matters, Law and Technology Forum,
Boalt School of Law, UC Berkeley.
Squadron Communications Law Speaker Series, Benjamin N.
Cardozo School of Law. Discussed constitutional challenge to
FCC’ s Equal Employment Opportunity Regulations.
Panelist for plenary session on Mega Mergers and Acquisitions,
19th Annual Conference of the National Association of
Telecommunications Officers and Advisors, Atlanta, GA.
Panelists for plenary session Brave New World: The
Telecommunications Act of 1996, 69th Judicial Conference, United
States Judges of the Fourth Circuit.
Self-Regulation and the Media, Legal Theory Workshop,
University of Kansas Law School.
Marketing to Children on the World Wide Web, Twenty-Fifth
Annual Telecommunications Policy Research Conference.
September 29, 1997
July 19, 1996
January 6, 1996
September 30, 1995
June 5, 1995
March 14, 1995
March 9, 1995
January 9, 1994
July 11, 1993
November 7, 1992
September 25, 1992
May 14, 1992
Lessons from Oz: Quantitative Guidelines for Children’s
Educational Television,” Twenty-Fifth Annual
Telecommunications Policy Research Conference.
Panelist for plenary session, Telecommunications Industry and the
Public Interest: Is there Common Ground? Alliance for
Community Media, 1996 International Conference
Annual Meeting of the Mass Communication Section of the
Association of American Law Schools, moderated panel The
Future of Communications Law
Moderated panel, Brave New World: Telecommunications ReformBoon
or Bust for the American Consumer? Georgetown University
Graduate Public Policy Program
Summer Faculty Workshop at the Annenberg Washington Program
of Northwestern University. Presented an overview of legal and
regulatory issues raised by the National Information Infrastructure
A Comparison of US and Australian Efforts to Increase the
Quantity and Quality of Children’s Television Programming,
World Summit on Television and Children, Melbourne, Australia
Keynote Address: USA Perspectives on the Regulation of Toy TV
Tie-ins, Marketing Toys: It’s Child’s Play, New College,
University of New South Wales, Sydney, Australia
The Future of Political Broadcast Regulation and the Fairness
Doctrine, Annual Meeting of the Association of American Law
School, Mass Communications Law Section Program
Teaching Advanced Legal Writing in a Law School Clinic,” Third
International Conference on Lawyers and Lawyering, Lake
Windermere, UK
The Congress, the Courts and Computer Based Communication
Networks: Answering Questions about Access and Content
Control, Villanova Law Review Symposium
Teaching Advanced Legal Writing in a Law School Clinic, MidAtlantic
Clinical Theory Workshop
Participant on Panel on Regulatory Issues, Telestrategies’
Conference on Video Dialtone
June 20, 1991
October 22, 1990
June 3-5, 1990
April 28, 1989
June 14, 1989
May 18, 1989
April 17, 1989
November 18, 1989
April 11, 1988
Bar Memberships:
Broadcasters’ Public Interest Obligations and S. 219, The Fairness
in Broadcasting Act of 1991, Hearings before the Communications
Subcommittee of the Senate Committee on Commerce, Science
and Transportation, 102d Cong., 1st Sess. (1991).
Panelist, Competition and Public Policy: What Lies Ahead?
Telestrategies’ Conference on Cable TV Alternatives
Participant in roundtable discussion, Electronic Media Regulation
and the First Amendment: A Perspective for the Future, Aspen
Institute Conference
Panelist, The Public Interest: Where Things Stand, National
Consumers Week Program, Federal Communications Commission
Participant on panel discussing pros and cons of telephone
company provision of cable television service. Summer Faculty
Workshop at the Annenberg Washington program of Northwestern
Guest speaker on cable television regulation.Consumer Affairs
Committee of the Antitrust, Trade Regulation and Consumer
Affairs Section of the District of Columbia Bar
Briefed congressional staff on the impact of the AT&T divestiture
on consumers, Washington, D.C.
Telephone Issues for the States, Conference sponsored by the
Telecommunications Research and Action Center and the
Consumer Federation of America, Washington, D.C.
Telecommunications and the First Amendment, Conference
sponsored by the Telecommunications Consumer Coalition.
District of Columbia Bar (admitted 1983)
California Bar (admitted 1981, currently on inactive status)
United States Supreme Court
United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Sixth Circuit
Public Service Activities:
Steering Committee Member, Food Marketing Workgroup
Section on Mass Communications Law, Association of American Law Schools
Chair (1995)
Chair-Elect (1994)
Secretary (1998-2002)
Newsletter Editor (1997-2002)
Federal Communications Bar Association
Co-Chair, Law Journal Committee (1989-90, 1996-99)
Editorial Advisory Board, Federal Communications Law Journal (1987-1990, 1996-99)
Minority Media Telecommunications Council
Board of Directors (1994-2000)
Advisory Board (2001 to present)
Awards and Honors:
Everett C. Parker A ward 2005
Inducted into Minority & Media Telecommunications Council Hall of Fame 2004