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Re: If Someone Asks You About BrandX...
by bda
The opinion has no limiting principles. The FCC can call anything that processes information an "information service," including any application you can think of. And it can impose any rules it wants to on that information service. We'll be relying on the Commission's self-restraint from now on. And on the rules which govern judicial review of administrative action, surely? It seems to me that curial deference to the FCC is not a bad thing, even where the FCC makes bad decisions. The solution is not a better FCC, not more FCCs, and the Supreme Court has properly leaned in that direction. Compare to the eminent domain decision, for instance. Somewhere in all this curial deference to administrative bodies is a whiff of consistency, surely?
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