Quite the opposite Eric. The ruling here said that the FCC was not
granted explicit power by Congress to enact these sorts of rules. A
Fascist state, by definition, would have a unitary executive whose
power was unchecked by the judiciary or the legislature. This ruling
said that the executive branch can't just go making up rules without
any legal authority coming from the congressional branch. Now the
legislature can, and most certainly should, enact net neutrality
legislation. If they do that and then a Justice Roberts led court goes
and rules it unconstitutional, then I'll be right beside you
condemning them.

At this point, however, I'm firmly on the side of the court in this
case. Executive departments need legal authority to issue rules of
this sort. They don't get to just do it because the executive thinks
it is a good idea (even though it is a good idea). Want Net
Neutrality? Tell Congress to pass legislation giving the FCC the
power. Don't let Congress off the hook and let everyone just hope that
the FCC can arbitrarily issue these sorts of rules. If the FCC can
arbitrarily tell Comcast that they have to have such and such a policy
then the next FCC can arbitrarily decide that Comcast doesn't have to.
Congress is supposed to be the place to make these sorts of rules.
Want a level playing field? Legislate one and then everyone knows
where we stand.

Judah

On Tue, Apr 6, 2010 at 3:39 PM, Eric Roberts
<[email protected]> wrote:
>
> What was that about my fascism comments that wasn't true Judah?  Here is
> ruling #2 that is leading us closer and closer to a fascist state.  I doubt
> the SCOTUS will rule against Corporate America when it goes there.  In fact
> I would be totally shocked if it did.
>
> Eric
>
> -----Original Message-----
> From: Vivec [mailto:[email protected]]
> Sent: Tuesday, April 06, 2010 11:42 AM
> To: cf-community
> Subject: US Court rules against Net Neutrality
>
>
> "A federal appeals court ruled Tuesday that the Federal Communications
> Commission lacks the authority to require broadband providers to give equal
> treatment to all Internet traffic flowing over their networks."
>
> Peeps in the US are f***ed if this stands. Get ready for Tiered internet
> access fees in the short term.
> Hopefully this idiocy stays confined to US borders.Europe has already more
> or less enshrined Net Neutrality.
> But the jury's out for the rest of us,especially those countries serviced by
> US broadband providers (like the entire Caribbean and parts of Latin
> America) :-\
>
> http://www.huffingtonpost.com/2010/04/06/net-neutrality-us-court-r_n_526972.
> html
>
>
>
>
> 

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