Supreme Court of the United States · Official docket →
National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-1243, 21-1244, 21-1245 · judgment July 28, 2023
Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Questions presented
The Copyright Royalty Board sets default royalty rates for webcasting sound recordings. Recently, the Board adopted rates requiring noncommercial religious webcasters to pay over 18 times the secular NPR-webcaster rate to communicate religious messages to listeners above a modest 218-averagelistener threshold. The D.C. Circuit upheld that disparate burden based on the Board treating some secular webcasters as poorly as religious webcasters. The result is suppression of online religious speech. The D.C. Circuit also affirmed unexplained Board departures from precedent regarding who bears the burden of proof in 17 U.S.C. 114(f) rate-setting proceedings and the evidence required to meet that burden. Its decision presents three important legal questions:
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Whether approving noncommercial rates that favor NPR’s secular speech over religious speech violates the Religious Freedom Restoration Act (RFRA) or the First Amendment.
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Whether 17 U.S.C. 114(f)(4)’s bar on considering Webcaster Settlement Act (WSA) agreements in rate-setting proceedings extends to analyses valuing rates in non-WSA agreements.
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Whether the Board’s unexplained inversion of the burden of proof in a 17 U.S.C. 114(f)(1) ratesetting proceeding—including its unexplained new requirement of expert testimony to meet that burden—violates the Administrative Procedure Act.
Counsel of record
For petitioner
John J. Bursch
Alliance Defending Freedom
For respondent
Matthew S. Hellman
Jenner & Block LLP
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioner National Religious Broadcasters Noncommercial Music License Committee filed. (Distributed)
- May 21 2024Brief of Federal Respondents in opposition filed.
- May 21 2024Brief of respondent SoundExchange, Inc. in opposition filed.
- May 13 2024Brief amicus curiae of Media Research Center filed.
- May 06 2024Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2024.
- May 03 2024Motion to extend the time to file a response from May 13, 2024 to May 21, 2024, submitted to The Clerk.
- Apr 11 2024Response Requested. (Due May 13, 2024)
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Mar 28 2024Brief amici curiae of Gateway Creative Broadcasting, et al. filed.
- Mar 28 2024Brief amici curiae of Advancing American Freedom, et al. filed.
- Mar 28 2024Brief amicus curiae of Catholic Radio Association filed.
- Mar 28 2024Brief amicus curiae of CatholicVote.org Education Fund filed.
- Mar 28 2024Brief amicus curiae of Christian Legal Society and National Association of Evangelicals filed.
- Mar 27 2024Brief amicus curiae of Young America's Foundation filed.
- Mar 25 2024Waiver of right of respondent SoundExchange, Inc. to respond filed.
- Mar 11 2024Waiver of right of respondent United States to respond filed.
- Feb 23 2024Petition for a writ of certiorari filed. (Response due March 28, 2024)
- Jan 09 2024Application (23A546) granted by The Chief Justice extending the time to file until February 23, 2024.
- Jan 05 2024Application (23A546) to extend further the time from January 25, 2024 to February 23, 2024, submitted to The Chief Justice.
- Dec 15 2023Application (23A546) granted by The Chief Justice extending the time to file until January 25, 2024.
- Dec 11 2023Application (23A546) to extend the time to file a petition for a writ of certiorari from December 26, 2023 to January 25, 2024, submitted to The Chief Justice.