4 ms·

Tangential, but are fines from FCC, SEC, etc a violation of the “innocent until proven guilty” principle? When a single org has the power to target a citizen,

Tangential, but are fines from FCC, SEC, etc a violation of the “innocent until proven guilty” principle? When a single org has the power to target a citizen, name the crime, pass a guilty verdict, and enforce a penalty, then what keeps them from becoming just a political a tool for the people in the driver’s seat?

ROFISH 4y ago
This in particular has been in the news: https://www.natlawreview.com/article/fifth-circuit-decision-threatens-to-upend-sec-s-use-administrative-proceedings https://www.natlawreview.com/article/fifth-circuit-decision-...
walrus01 4y ago
If you're worried about the FCC being a political tool I'd suggest going to Google a bit about Ajit Pai first... That horse escaped the barn door a long time ago.
bsder 4y ago
> Tangential, but are fines from FCC, SEC, etc a violation of the “innocent until proven guilty” principle? I believe that you can take these kinds of things to trial in federal court, if you so wish (I'm pretty sure companies take stuff from the SEC to court all the time). However, for the FCC to actually smack you down, you generally have done something egregiously stupid and they explicitly told you to stop and you ignored them and they have you dead to rights. So, you can take it to court. Your probability of winning is just realy, really, really low.
Cthulhu_ 4y ago
No? They did an investigation, found that he was guilty of broadcasting on channels he was not allowed to (see the documents, witness statements, recordings etc), and was fined accordingly. The FCC is a government organization with the authority to fine people for violations of the rules and laws. And of course, as civilian or person-getting-fined-by-the-fcc, you have the right to fight these rulings, in court if needs be, if you do not believe the fine was justified. That's how the system works; I'm not sure what else you want.
- devmunchies 4y ago
  > No? They did an investigation, found that he was guilty of broadcasting on channels he was not allowed to... Sure, he's guilty in this instance, but I was talking about macro-regulation.

ROFISH 4y ago

This in particular has been in the news: https://www.natlawreview.com/article/fifth-circuit-decision-threatens-to-upend-sec-s-use-administrative-proceedings https://www.natlawreview.com/article/fifth-circuit-decision-...

walrus01 4y ago

If you're worried about the FCC being a political tool I'd suggest going to Google a bit about Ajit Pai first... That horse escaped the barn door a long time ago.

bsder 4y ago

> Tangential, but are fines from FCC, SEC, etc a violation of the “innocent until proven guilty” principle? I believe that you can take these kinds of things to trial in federal court, if you so wish (I'm pretty sure companies take stuff from the SEC to court all the time). However, for the FCC to actually smack you down, you generally have done something egregiously stupid and they explicitly told you to stop and you ignored them and they have you dead to rights. So, you can take it to court. Your probability of winning is just realy, really, really low.

Cthulhu_ 4y ago

No? They did an investigation, found that he was guilty of broadcasting on channels he was not allowed to (see the documents, witness statements, recordings etc), and was fined accordingly. The FCC is a government organization with the authority to fine people for violations of the rules and laws. And of course, as civilian or person-getting-fined-by-the-fcc, you have the right to fight these rulings, in court if needs be, if you do not believe the fine was justified. That's how the system works; I'm not sure what else you want.

devmunchies 4y ago
> No? They did an investigation, found that he was guilty of broadcasting on channels he was not allowed to... Sure, he's guilty in this instance, but I was talking about macro-regulation.