Opinion

United States Telecom Assoc. v. FCC [Order In Slip Opinion Format]

  • 855 F.3d 381
  • 66 Communications Reg. (P&F) 997
  • 2017 U.S. App. LEXIS 7663
  • 2017 WL 1541517
Court
Court of Appeals for the D.C. Circuit
Filed
May 1, 2017
Status
Published
On the bench
Srinivasan, Brown, Kavanaugh, Garland, Rogers, Griffith, Millett, Pillard, Wilkins
Cited by
34 cases
Authority
More cited than 68.5%

explaining that the fact that platforms “have not been aggressively ex- ercising their editorial discretion does not mean that they have no right to ex- ercise their editorial discretion”

How later courts described this case

  • explaining that the fact that platforms “have not been aggressively ex- ercising their editorial discretion does not mean that they have no right to ex- ercise their editorial discretion”
  • “[E]xcept in rare circumstances, the First Amendment does not allow the Gov- ernment to regulate the content choices of private editors just so that the Government may enhance certain voices and alter the content available to the citizenry”
  • “[T]he [Brand X] Court made clear in its decision— over and over—that the Act left the [classification] to the agency’s discretion.” (Srinivasan, J., joined by Tatel, J., concurring in denial of rehearing en banc)
  • “[T]he Supreme Court’s Turner Broadcasting decisions mean that Internet service providers possess a First Amendment right to exercise their editorial discretion over what content to carry and how to carry it.”

Written by the judges who cited it.

The opinion

ORDER

PER CURIAM

The petitions for rehearing en banc, the responses thereto, and the brief of amici curiae were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to vote did not vote in favor of the petitions. Upon consideration of the foregoing, it is

ORDERED that the petitions be denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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