Communication

Supreme Court Backs FCC's $200M Telecom Fines 8-1

Does this uphold consumer privacy rights or strip carriers of their constitutional due process?

Published 1 day ago

Supreme Court Backs FCC's $200M Telecom Fines 8-1

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Above: The Federal Communications Commission logo displayed on a smartphone. Image credit: Timon Schneider/SOPA Images/LightRocket/Getty Images

The Spin

Left narrative

This ruling sends a clear message: carriers that sell customer location data without consent will face real consequences. AT&T and Verizon weren't deprived of any constitutional right — the system allows for court challenges after fines are assessed. Location data belongs to customers, and regulators must have the tools to enforce that.

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Right narrative

The FCC's in-house penalty scheme is a constitutional end-run that strips carriers of their Seventh Amendment jury-trial rights. Final forfeiture orders demanding tens of millions within 30 days are binding judgments issued without a jury. Forcing carriers to defy their regulator just to preserve a theoretical shot at a jury trial is coercion, not due process.

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