Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial
By EsqSocial Corporation 25/04/25
On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a communications provider for allegedly violating Section 222 of the Communications Act. In a decision with far reaching implications for the FCC’s enforcement authority, the Fifth Circuit held that the FCC’s “in-house adjudication” violated the Seventh Amendment to the U.S....
By: Wiley Rein LLP