Saturday, 23 November 2024

The People’s Power Over Bureaucracy at the FCC With Chevron Defference Reversal and Why It Matters to You


FCC Commissioner Nathan Simington, a Trump appointee, appeared on the WarRoom with Ben Harnwell on Monday and highlighted how crucial it is for average Americans to understand ongoing shifts at the FCC. His message centered on the importance of public involvement in regulatory processes, particularly in light of the reversal of “Chevron Deference.”
This reversed legal principle means a major shake-up in federal power, making public voices even more influential in holding bureaucracies accountable.

Resource for this article:

History of Freedom of Speech

FCC’s Regulatory Power and the People

Simington’s talk was direct: the FCC holds significant regulatory power, but it’s vital that people keep a watchful eye on how that power is used. "The FCC’s decisions impact not just the communications industry but the daily lives of Americans,” Simington noted. From broadband accessibility to free speech protections, he emphasized that the FCC has a duty to stay aligned with public interests.

But why is this so important now? Simington sees a growing awareness among Americans about the role of government agencies, particularly as people witness policy shifts that affect their access to information and online freedoms. For Simington, citizens should "take part in these discussions” because "policy made without public input is policy that doesn’t reflect the people’s needs.”

Chevron Deference: A Legal Shift with Big Consequences

The reversal of Chevron deference could further amplify this call to action. Established by a 1984 Supreme Court ruling, Chevron deference allowed federal agencies like the FCC to interpret ambiguous laws. This gave agencies wide authority to make decisions in their domains, often with limited checks from other branches of government.

With it being overturned, the balance of power could shift significantly. Courts would no longer defer as much to federal agencies’ interpretations, giving the judiciary a stronger hand in determining what the law means. This could mean fewer unilateral decisions by agencies and, as a result, an increased role for public opinion and Congressional oversight.

Simington is hopeful about this shift, explaining that "a rollback of Chevron deference could restore some of the power that the people’s elected representatives were meant to have over federal agencies.” In his view, it would open the door for Americans to have a stronger voice in decisions impacting their digital rights, information access, and privacy.

Why This Matters for Individual Liberty

Simington didn’t mince words about the importance of FCC issues for individual liberty. He believes a more active, engaged public can hold government agencies accountable, particularly when it comes to decisions impacting free speech and information flow. "It’s about transparency and ensuring that agencies don’t operate in silos, disconnected from the people they serve,” Simington stated. He’s concerned that regulatory decisions made behind closed doors can lead to a disconnect between agency actions and public will.

With the reversal of Chevron, he argues, the FCC will have to operate with greater accountability and clarity. This means average Americans could have more influence on regulatory decisions that directly affect how they communicate and access information.

The Path Forward: Getting Informed and Getting Involved

So, what can Americans do? Simington urges people to stay informed on FCC issues and speak out on matters affecting their rights. He’s encouraging Americans to view the FCC not as a distant body but as an agency deeply intertwined with daily life—from the Wi-Fi people use to the privacy policies governing their data.

Simington underscored the significance of the people’s voice in shaping policy. "The FCC was established to serve the people,” he stated, "not the other way around.” He believes a more transparent FCC can only come from a more engaged and aware public, especially if Chevron deference is rolled back, giving the people’s representatives more power over federal bureaucrats.

More of our coverage of Chevron Deference:

Supreme Court’s Chevron Deference Reversal Drops, Halting the Administrative State

Sen. Rand Paul Emphasizes Importance of Open Dialogues on WarRoom for Government Accountability

Steve Bannon Celebrates SCOTUS Ruling, Outlines Strategic Focus for Crushing Admin State and Countering Dem Tactics

For more context on Simington’s Monday comments, watch this WarRoom segment: 

Nathan Simington Breaks Down 60 Minutes And Kamala’s ‘News Distortion’


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