U.S. Court Strikes Down FCC's Internet Takeover (See You Later FCC)

ATR ^ | 4/6/10 | Kelly William Cobb

[Andrea19]

...[I]nstead of appropriately seeking Congressional approval, expect them to find a way to regulate the Internet under Title II of the Communications Act. This would put the Net under an outdated regulatory scheme designed for traditional phone lines, giving them a better shot of enacting Net Neutrality...

[Andrea19]

A federal court has defeated an attempt to force net neutrality on America; FCC Commissioners cannot squash anti-Obama dissent, crown Google, and demand a rewrite of WoW Rules so they win every game.

[Man50D]

The mere existence of the FCC is unconstitutional since Article 1 Section 8 does not specifically grant Congress the power to regulate communications.

[jessduntno]

“A federal court has defeated an attempt to force net neutrality on America; FCC Commissioners cannot squash anti-Obama dissent, crown Google, and demand a rewrite of WoW Rules so they win every game.”

They’ll try again under the COMMERCE CLAUSE...

[Tarpon]

Government run and censored Internet, delayed but not stopped. Net Neutrality is the warm fuzzy commie vehicle, using the ruse of the big companies are screwing you already.

The group “Free Press” is another of these Soros front groups designed to throw you off the track ... Hey who is against free press right? Another commie ruse.

Will the recent made up EPA CO2 rules follow? Here’s hoping.

[UnbelievingScumOnTheOtherSide]

They’ll try again under the COMMERCE CLAUSE...

The 1st Amendment supercedes the Commerce clause.

[jessduntno]

They’ll try again under the COMMERCE CLAUSE...

“The 1st Amendment supercedes the Commerce clause. “

Hahahahaha...oh...that ought to stop them, alright...

[bigbob]

Lots of constitutional scholars coming out of the woodwork since this was announced.

[Man50D]

Lots of constitutional scholars coming out of the woodwork since this was announced.

Everyone should be a Constitutional Scholar.

[Tarpon]

Yeah, we need to make sure it stays that way ...

I wonder will the illegal EPA CO2 rules meet the same fate. It would be nice.

[ConservativeWarrior]

Article 1 Section 8 does not specifically grant Congress the power to regulate communications.

But does that mean the .gov can't regulate communications infrastructure?

How is this any different than regulating the phone companies?

[DarthVader]

From the numerous legal decisions we have been seeing, the judiciary has been trending strongly in favor of constitutionality. The ultra-liberal 9th Circuit’s decision to uphold keeping “One Nation Under God” in the Pledge of Allegience is one example that is particularlly amazing. The courts are sticking it hard to Obozo and his czars so it looks the EPA may suffer the same fate.

[Man50D]

How is this any different than regulating the phone companies?

What does that tell you about the federal government regulating the phone companies?

[Tarpon]

Seems like someone at the COurt has figured out the American people are against tyranny. I was dismayed when they didn’t do anything with the un-Constitutional takeover of the car companies, but this is definitional trending towards the Constitution.

I suspect the fact the American people are now wide awake has had something to do with it.

[ConservativeWarrior]

How should phone and web infrastructure then be regulated? The free market is a great vehicle, but I’m not sure how we’d fair if Comcast was free to run things on their own, if you know what I mean. At some point, ISPs and phone companies have to share local switches, loops, etc...

Or don’t they?

[Man50D]

How should phone and web infrastructure then be regulated? The free market is a great vehicle, but I’m not sure how we’d fair if Comcast was free to run things on their own, if you know what I mean.

Regulating communications is a power delegated to the states per the 10th Amendment since it is not listed in Article 1 Section 8.

[DarthVader]

“I suspect the fact the American people are now wide awake has had something to do with it.”

It does and Obozo’s attitude towards the SCOTUS at the SOTU did little to endear himself to them and the entire judicial system. The car company fiasco is far from over and we may see redress there. You may see what amounts to a feeding frenzy affect that attacks this group of losers draconian laws smashing them to oblivion.

[joe fonebone]

"At some point, ISPs and phone companies have to share local switches, loops, etc..."
They do not "share"...that in itself is a communist principle...they lease line space from each other, ya know, the way we capitalists do things...spend money to make money...

[ConservativeWarrior]

Semantics.

All I'm saying is that you can't boot the FCC out of the already deployed infrastructure and expect anything resembling a free market to exist.

If we'd kept the FCC out of the phone business, maybe, but the copper (and fiber) has already been laid and paid for.

I'm no fan of new neutrality, but I don't see how we keep the FCC out long-haul.

[Tarpon]

I see the courts signally that they are returning to Constitutionality first. The Gun cases started it all... The people want their Constitution back, it is far easier to sneak it out in the dark of night than it is in the daylight. Let the sun shine in ...

[UnbelievingScumOnTheOtherSide]

Hahahahaha...oh...that ought to stop them, alright...

No. That's what the 2nd Amendment is for.