At first glance, the U.S. Supreme Court’s decision in late June overruling a 40-year-old precedent regarding administrative law may seem to have little to do with the media. But the Court’s recent decision makes virtually any rule created by a federal administrative agency vulnerable to legal challenge, including rules directly affecting print, broadcast and online media.
Not all of these challenges will be successful, but even if a particular rule is eventually upheld, the Court’s ruling provides a way to challenge application of existing rules and delay implementation of new ones. It also may create a fair amount of uncertainty regarding which rules apply.
Since the late 19th century, Congress has passed various laws creating administrative agencies—mostly within the Executive Branch of the federal government, underneath the President—to carry out policy mandates in the legislation. Often these policy mandates are vague and ambiguous—the result of political debate and compromise—leaving the applicable agency to interpret the mandates and implement and enforce regulations to further the agency’s understanding of the underlying policy. The agencies’ leadership can change with the political winds, since most agency top officials are presidential appointees. But most of the rules are created and enforced by career civil servants who are often experts in their fields and whose work at these agencies continues regardless of administration. Read more