Berninger v. Federal Communications Commission
Petition for certiorari denied on November 5, 2018
Linked with:
- AT&T, Inc. v. Federal Communications Commission
- American Cable Association v. Federal Communications Commission
- CTIA-The Wireless Association v. Federal Communications Commission
- NCTA- The Internet and Television Association v. Federal Communications Commission
- TechFreedom v. Federal Communications Commission
- United States Telecom Association v. Federal Communications Commission
Issue: (1) Whether the Federal Communications Commission's assumption of gatekeeper power over new methods of communication, "in the most important place [] for the exchange of views. . . the "vast democratic forums of the Internet,"" violates the First Amendment; (2) whether the radical reinterpretation of the Communications Act of 1934 by the FCC is entitled to deference under Chevron U.S.A. v. Natural Resources Defense Counsel, Inc., and, if so, whether that deference violates Article I, " 1 of the Constitution; and (3) whether the FCC has statutory authority to promulgate the Open Internet Order, vastly expanding regulation of the internet, in light of the policy enacted by Congress "to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services [defined as services that provide access to the Internet], unfettered by Federal or State regulation," 47 U.S.C. § 230(b)(2).
SCOTUSblog Coverage
- Divided court denies review in "net neutrality" cases (Amy Howe, November 5, 2018)
- Petitions of the day (Aurora Barnes, November 1, 2017)
Date | Proceedings and Orders |
---|---|
07/10/2017 | Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice. |
07/20/2017 | Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017. |
09/27/2017 | Petition for a writ of certiorari filed. (Response due November 2, 2017) |
10/11/2017 | Blanket Consent filed by Petitioner, Daniel Berninger |
10/12/2017 | Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc. VIDED |
10/13/2017 | Blanket Consent filed by respondent-interveners, Free Press, Open Technology Institute-New America and Public Knowledge.(VIDED) |
10/13/2017 | Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED) |
10/14/2017 | Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED |
10/18/2017 | Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc. VIDED |
10/23/2017 | Waiver of right of respondent NTCA - The Internet and Television Association to respond filed. |
10/24/2017 | Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed. |
10/24/2017 | Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED |
10/25/2017 | Order extending time to file response to petition to and including December 4, 2017, for all respondents. |
10/25/2017 | Waiver of right of respondent CTIA - The Wireless Association to respond filed. |
10/30/2017 | Blanket Consent filed by respondent, NTCA - The Internet and Television Association. VIDED |
11/01/2017 | Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED |
11/02/2017 | Brief amici curiae of Competitive Enterprise Institute, et al. filed. |
11/02/2017 | Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED. |
11/02/2017 | Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED. |
11/02/2017 | Brief amicus curiae of International Center for Law & Economics filed. |
11/08/2017 | Blanket Consent filed by Respondent, CTIA - The Wireless Association. |
11/22/2017 | Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk. |
11/27/2017 | Order further extending time to file response to petition to and including January 3, 2018, for all respondents. |
12/18/2017 | Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk. |
12/19/2017 | Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018, for all respondents. |
01/19/2018 | Motion to extend the time to file a response from February 2, 2018 to March 5, 2018, submitted to The Clerk. |
01/23/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including March 5, 2018, for all respondents. |
03/02/2018 | Motion to extend the time to file a response from March 5, 2018 to April 4, 2018, submitted to The Clerk. |
03/05/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2018, for all respondents. |
03/30/2018 | Motion to extend the time to file a response from April 4, 2018 to May 4, 2018, submitted to The Clerk. |
04/02/2018 | Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018, for all respondents. |
04/27/2018 | Motion to extend the time to file a response from May 4, 2018 to June 4, 2018, submitted to The Clerk. |
04/30/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including June 4, 2018, for all respondents. |
05/30/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including August 15, 2018, for all respondents. |
05/30/2018 | Motion to extend the time to file a response from June 4, 2018 to August 15, 2018, submitted to The Clerk. |
08/02/2018 | Brief of Federal Respondents filed. VIDED. |
08/07/2018 | Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk. |
08/09/2018 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2018, for all respondents. |
09/14/2018 | Brief of respondent Free Press in opposition filed. VIDED. |
09/14/2018 | Brief of respondents Public Knowledge, et al. in opposition filed. VIDED. |
09/27/2018 | Reply of petitioner Daniel Berninger filed. |
10/03/2018 | DISTRIBUTED for Conference of 10/26/2018. |
10/29/2018 | DISTRIBUTED for Conference of 11/2/2018. |
11/05/2018 | Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The Chief Justice and Justice Kavanaugh took no part in the consideration or decision of this petition. |