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fairness

Why People Disagree About the Meaning of the Constitution: Policy Arguments

November 4, 2008

     The fifth and final type of argument under the Constitution is a policy argument.  Policy arguments are fundamentally different from arguments based upon text, intent, precedent, or tradition.  The four standard types of arguments are grounded in the past, while policy arguments look to the future.

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3d Circuit Voids FCC Penalty for Super Bowl Halftime Naughtiness – Upholding Fairness and Reasoned Decisionmaking, Not Nudity on TV

July 23, 2008

You may remember the halftime show at the 2004 Superbowl, in which Justin Timberlake ended a suggestive duet by tearing the covering off of Janet Jackson's breast. Her breast was revealed for "nine-sixteenths of one second," but the result was outrage. The FCC, which received 542,000 complaints, imposed an "indecency" penalty of $550,000 on CBS [...]

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