LAW 2005 JWU Businesss Violating a Constitutional Provision Discussion

In 1934, Congress passed a statute known as the Communications Act of 1934, later amended by the Telecommunications Act of 1996. The Act created the Federal Communications Commission to regulate interstate and international communications by radio, television, wire, satellite, and cable. The FCC is empowered to fine a broadcasting company or even revoke it’s license if it violates an FCC Rule. Recently, the FCC passed a rule that would fine a broadcasting company for showing any negative image of the American Flag. Opponents to this rule believes it violates the First Amendment to the U.S. Constitution. What happens when an administrative rule violates a Constitutional provision?  Is there a mechanism to challenge such a rule and if so, what is it?

After posting, respond to two classmates.

TEXTBOOK READINGS:

Government Regulation and the Legal Environment of BusinessChapter 1, Sections 1.1-1.4Chapter 3, Section 3.8