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28 Loy. L.A. Ent. L. Rev. [i] (2007-2008)

handle is hein.journals/laent28 and id is 1 raw text is: LOYOLA OF LOS ANGELES ENTERTAINMENT LAW REVIEW VOLUME TWENTY-EIGHT 2007-2008 NUMBER 1 TABLE OF CONTENTS ARTICLE THE FCC's REPORT ON REGULATING BROADCAST VIOLENCE: IS THE MEDIUM THE MESSAGE? by F aith M Sp arr ................................................................................................. 1 This article examines the FCC's recently released report on whether Congress can constitutionally regulate violent content on broadcast television. 'While much has been written regarding violent content and its purported negative effect on children, this article is an in-depth examination of the FCC's report, which may likely be the basis for future Congressional action on this issue. The article focuses on several flaws the author identifies in the report, but its main focus is the author's concern with the FCC's superficial legal analysis. In particular, the FCC's heavy and almost sole reliance on FCC v. Pacifica in its conclusion that Congress can constitutionally regulate violent material on broadcast television. By focusing so heavily on Pacifca, which is indeed relevant, the FCC fails to take into account the distinct difference between the content to be regulated-indecency as opposed to violence. As the FCC elevates the medium over the content in its analysis, the article uses Marshall McLuhan's famous assertion that the medium is the message as an underlying theme throughout the paper. The article not only examines the FCC's failure to examine the content issue from a legal standpoint, but discusses additional cases that will likely be relevant in any constitutional analysis. NOTES & COMMENTS AWARD SHOWS, GIFTS, AND TAXES: A CRITICISM OF THE TAX TREATMENT OF CELEBRITY GIFT BAGS by A nosheh Azarm sa ..................................................................................... 27 This article suggests a revision to the United States Tax Code which would expand the classification of gifts by limiting the definition of income. Under current tax law, gift bags given to celebrities for attendance or participation in award shows are considered income. In 2006, the Internal Revenue Service implemented an outreach

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