Question
Explain the two ways an agency can overstep its authority? Assume the FCC passes the new rule and the next year Congress passes a statute
Explain the two ways an agency can overstep its authority?
Assume the FCC passes the new rule and the next year Congress passes a statute declaring that television advertising would be free from all government regulation. Does this conflict with the FCC regulation? If yes, how would a court decide which rule to follow?
The president of a private university announces a new rule on campus property: No commercial flyers may be posted in classroom buildings. Entities that violate the rule will be fined $15 for each flyer posted. The Director of Building Maintenance is designated to enforce the rule. Can the rule be enforced off in a private apartment building across the street from campus? Why or why not?
The Federal Communications Commission (an independent regulatory agency) proposes a new rule that would prohibit all advertising during television shows aimed at children under age 13. What type of law is this (constitutional, statutory, administrative, common, or equity)?
If a company wanted to challenge the FCC rule, what are the three questions a court would ask to determine if the regulation is valid?
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