September 30th, 2009

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Acorn, Ex Post Facto, Bill of Attainder

I keep wondering why the bills to defund ACORN don't run afoul of either of these two provisions. Mind, if we look beyond the Supreme Court, the two leading cases actually come out of telecom law, so I ought to remember this. One has to do with the Telecommunications Act of 1996, and whether the provisions relating to RBOC entry were bills of attainder or ex post facto laws (answer, no) and the other was the en banc rehering of the provision of the anti-LPFM bill that prohibited anyone who had operated a radio station without a license in violation of Sec. 301 could not get an LPFM license (again, answer no).