Supreme Court's Jarkesy Ruling Popping up in FCC Enforcement Actions

WASHINGTON, September 9, 2024 – The Supreme Court held in June that the Securities and Exchange Commission can’t collect civil penalties without a jury trial. It’s creating headaches at the Federal Communications Commission.

Commissioner Nathan Simington, a Republican, said he would dissent from every FCC forfeiture order until the agency changes its enforcement procedures.

“Until the Commission formally determines the bounds of its enforcement authority under this new precedent, I am obligated to dissent from any decision purporting to impose a monetary forfeiture,” Simington wrote on Thursday. He was dissenting from a $3.3 million fine against broadcasters for advertising Hot Wheels toys during a Hot Wheels-themed show, which the agency approved 3-2 on partisan lines.