Berninger v. FCC: Cert petition filed with Supreme Court today

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Daniel Berninger <dan.berninger () gmail com>
> Date: September 27, 2017 at 4:16:48 PM EDT
> To: David Farber <dave () farber net>
> Subject: Berninger v. FCC: Cert petition filed with Supreme Court today
> Reply-To: dan.berninger () gmail com
>
> Dave,
>
> For IP, I filed a cert petition as a further appeal of the Open Internet Order in Berninger v. FCC with the Supreme 
> Court today.
>
> See the petition as filed via the redirect stopthemadness.tech/certpetition
>
> I believe the Supreme Court needs to defend the 9-0 holding in Reno v. ACLU that any Government regulation of the 
> Internet triggers a First Amendment strict scrutiny inquiry.
>
> The FCC's "predictive judgement" underlying the OIO becomes prior restraint in the context of the First Amendment.
>
> Mere speculation falls short of a compelling government interest necessary to obtain an exception to the First 
> Amendment.
>
> The FCC's reliance on Chevron deference - court defers to agency to resolve ambiguity in statute - does not overcome 
> a Constitutional First Amendment challenge.
>
> The larger controversy turns on the FCC's - war is peace - assertion of Government as the protector of freedom of 
> speech.
>
> I encourage everyone to read the 45 word First Amendment which prohibits - not ask for protection - government 
> abridging communication.
>
> I also encourage everyone to find an example of where in the 80 year track record of the FCC actually served the 
> benevolent purposes claimed in the OIO.
>
> The FCC has a long track record of blocking new communication modalities as it does in the OIO with respect to my 
> start-up Hello Digital (see the petition).
>
> Dan
> ..........................................
> Daniel Berninger
> Founder, Voice Communication Exchange Committee
> e: dan () danielberninger com
> tel SD: +1.202.765.3155
> SIP HD: dan () danielberninger com
> w: www.vcxc.org



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