Bruce Fein served as general counsel to the Federal Communications Commission from 1983-1984. He initiated regulatory repeal of the Fairness Doctrine, which was sustained by the United States Court of Appeals for the District of Columbia Circuit in Syracuse Peace Council v. Federal Communications Commission, 867 F. 2d 654 (1989). Mr. Fein also served during the break-up of AT&T into Baby Bells under federal antitrust laws. He commands general expertise in any regulatory matter within the jurisdiction of the Federal Communications Commission.
Mr. Fein is experienced in defamation or false statements prosecutions stemming from political campaigns. He represented Representative Jean Schmidt (R. Ohio) and prevailed in a false statements prosecution before the Ohio Elections Commission and the United States District Court for the Southern District of Ohio. He won a settlement for Professor Gunter Lewy in a defamation suit against the Southern Poverty Law Center. He has authored a monograph exploring the soundness of the landmark United States Supreme Court decision in New York Times v. Sullivan, 376 U.S. 254 (1964) entitled: “New York Times v. Sullivan: A Blight on Enlightened Public Discourse and Government Responsiveness to the People.” The monograph was mistakenly attributed to United States Chief Justice John Roberts during his confirmation process. The New York Times newspaper corrected the error.
Mr. Fein has testified before Congress on several occasions regarding legislation addressing national security surveillance, privacy, and the telecommunications industry. He was the legal architect behind the class action suit filed by Senator Rand Paul against President Barack Obama and Director of National Intelligence James Clapper in the United States District Court for the District of Columbia challenging the constitutionality under the Fourth Amendment of the National Security Agency’s dragnet collection and search of telephony metadata on every domestic or international phone call in the United States.
Mr. Fein commands expertise in newsman’s privilege claims, radio, television, and cable licensing and copyright issues, application of the antitrust laws and the First Amendment to to the communications industry, and communications privacy.