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Dirty Damages

Strict Scrutiny

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The FCC's Modification of Its Rules Might Not Be Enough

There did seem to be a majority of justices on the court who were inclined to reverse the Third Circuit and uphold the FCC's modification of its rules. The chief might have been on board with affirming, but he said a few things that made me think that because they had the FCC hadn't explicitly disavowed this interest. One concern that came up in the case was about gamesmanship.

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