I. INTRODUCTION
Michael Powell, Chairman of the Federal Communications Commission (FCC) from 2001 to 2005, will likely be most remembered for his controversial indecency enforcement actions against Howard Stern's radio show and Janet Jackson's Super Bowl "wardrobe malfunction."1 This legacy is probably deserved. In addition to these high-profile enforcement actions, Michael Powell imposed a higher total fine amount in 2004 for broadcast indecency than the amount imposed during the previous ten years combined.2
Many have alleged that Powell's enforcement actions were politically motivated stunts made on behalf of powerful special interests.3 Some have argued that the …
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