Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Berninger v. Federal Communications Commission

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-498 D.C. Cir. TBD TBD TBD TBD TBD

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel acting as intervenors in this case.

Issues: (1) Whether the Federal Communications Commission's assumption of gatekeeper power over new methods of communication, “in the most important place [] for the exchange of views. . . the ‘vast democratic forums of the Internet,’” violates the First Amendment; (2) whether the radical reinterpretation of the Communications Act of 1934 by the FCC is entitled to deference under Chevron U.S.A. v. Natural Resources Defense Counsel, Inc., and, if so, whether that deference violates Article I, § 1 of the Constitution; and (3) whether the FCC has statutory authority to promulgate the Open Internet Order, vastly expanding regulation of the Internet, in light of the policy enacted by Congress “to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services [defined as services that provide access to the Internet], unfettered by Federal or State regulation,” 47 U.S.C. § 230(b)(2).

SCOTUSblog Coverage

DateProceedings and Orders
Jul 10 2017Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice.
Jul 20 2017Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017.
Sep 27 2017Petition for a writ of certiorari filed. (Response due November 2, 2017)
Oct 11 2017Blanket Consent filed by Petitioner, Daniel Berninger
Oct 12 2017Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc. VIDED
Oct 13 2017Blanket Consent filed by respondent-interveners, Free Press, Open Technology Institute-New America and Public Knowledge.(VIDED)
Oct 13 2017Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED)
Oct 14 2017Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED
Oct 18 2017Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc. VIDED
Oct 23 2017Waiver of right of respondent NTCA - The Internet and Television Association to respond filed.
Oct 24 2017Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED
Oct 24 2017Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed.
Oct 25 2017Order extending time to file response to petition to and including December 4, 2017, for all respondents.
Oct 25 2017Waiver of right of respondent CTIA - The Wireless Association to respond filed.
Oct 30 2017Blanket Consent filed by respondent, NTCA - The Internet and Television Association. VIDED
Nov 01 2017Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED
Nov 02 2017Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Nov 02 2017Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Nov 02 2017Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
Nov 02 2017Brief amicus curiae of International Center for Law & Economics filed.
Nov 08 2017Blanket Consent filed by Respondent, CTIA - The Wireless Association.
Nov 22 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 27 2017Order further extending time to file response to petition to and including January 3, 2018, for all respondents.
 
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