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Petition of the day

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Thepetition of the day is:

16-14

Issue:(1) What, if any, deference is due an agency’s interpretation when it predominately interprets terms of common law in which courts, not administrative agencies, have special competence; (2) whether the circuit court erred when it held, in contravention of this Court’s long-standing definition of common carrier, that pilots who use the Internet to communicate are common carriers when those pilots do not earn a commercial profit or indiscriminately offer to share their travel plans with the general public, thus warranting remand; and (3) whether the circuit court erred in holding that the Federal Aviation Administration could, consistent with the First Amendment, lawfully discriminate against content-based Internet communications because of the message conveyed and the means chosen by pilots to convey it.

Cases: Flytenow, Inc. v. Federal Aviation Administration

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Jul. 23, 2016, 12:00 AM), https://www.scotusblog.com/2016/07/petition-of-the-day-964/