This Article concentrates on one particular issue raised in the Fox Television Stations ruling - the critical question of causation of harm caused by mass media messages and, in particular, the quantum of evidentiary proof needed by a federal agency to demonstrate causation sufficient to justify restricting the speech in question. The issue is ripe for review.
Clay Calvert & Matthew D. Bunker,
Free Speech, Fleeting Expletives, and the Causation Quagmire: Was Justice Scalia Wrong in Fox Television Stations?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol47/iss3/6