Question
Congress recently passed the Anti-Cyber-Bullying Act (the ACBA). The ACBA will be administered by the Online Civility Board (the OCB). The ACBA provides that the
Congress recently passed the "Anti-Cyber-Bullying Act" (the "ACBA"). The ACBA will be administered by the Online Civility Board (the "OCB"). The ACBA provides that the OCB "shall regulate threatening, abusive, or harassing communications over the internet for the purpose of protecting the general public welfare." The OCB investigates and issues fines for abusive, harassing, or threatening behavior online, and has rulemaking authority to define abusive or threatening behavior. The OCB also reviews and adjudicates disputes between users and online social media platforms when said users have been banned for abusive, harassing, or threatening behavior that violate platform user agreements and platform standards. The Issue is - Has Congress constitutionally delegated adjudicative power to the OCB? What is the rule, analysis, and conclusion?
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