Federalist Society
The FCC Still Can’t Interpret Section 230
In the waning days of the first Trump Administration, Tom Johnson, then-General Counsel of the Federal Communications Commission, released a memorandum outlining a potential legal theory to allow the FCC to institute a rulemaking to interpret Section 230 of the Communications Decency
Power to Persuade: The FCC’s Authority to Interpret Section 230 Post-Loper Bright
In a November 21 FedSoc Blog post, the Phoenix Center’s Lawrence J. Spiwak convincingly argued that the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (2024) eliminated the Federal Communications Commission’s power to make binding authoritative legal interpretations of federal statutes. However, Mr.