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O’Melveny’s Schwartz Talks About Supreme Court’s First Amendment Views in Law360

August 24, 2011 “This Supreme Court is as close as one can get to absolutist on First Amendment protection,” said Bobby Schwartz, chair of O'Melveny & Myers LLP's Entertainment and Media Litigation Practice and a member of the Business Trial and Litigation Practice, in Law360’s August 24, 2011, “Free Speech Dominates High Court Media Battles.” The article looks at Supreme Court decisions to extend First Amendment protection to various aspects of videos games and media, detailing a June decision that said violence in video games is protected speech. Traditionally, obscenity has not been covered under the First Amendment, but the justices will hear a constitutional dispute over the Federal Communications Commission's indecency policy next term.

The undefined nature of the FCC’s policy could limit free speech on broadcasts, Schwartz said in the article. “The commission needs to be very clear about what crosses the line and what doesn't,” he said. Evolving community standards of indecency need to be taken into account routinely in the FCC’s limitations," Schwartz added.