enforcement

Impact of Supreme Court’s FCC Fine Ruling Still Unclear: Experts

Small fines may become less common

Jake Neenan

Jun 26, 2026 — 3 min read

Photo of (from left) Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett as President Donald Trump delivers the State of the Union address in the House chamber at the U.S. Capitol in Washington on Feb. 24, 2026 by Mark Schiefelbein/AP

WASHINGTON, June 26, 2026 – It’s still not entirely clear how the Federal Communications Commission’s enforcement process or priorities will change after a recent Supreme Court decision found its initial fines were not legally binding, experts said Thursday.

“Some of this is going to just take time to be clearer,” said Jeremy Marcus, an attorney at Lerman Senter and former deputy chief of the FCC’s enforcement bureau. “As it becomes clearer over time what’s important to the FCC, what sort of cases the DOJ is willing to pursue, that may affect the cases [the FCC] pursues.”