Question
The D.C. Circuit is reviewing a claim that the Open Internet Order violates a telecom company's rights under the First Amendment of the Constitution.For purposes
The D.C. Circuit is reviewing a claim that the Open Internet Order violates a telecom company's rights under the First Amendment of the Constitution.For purposes of evaluating this constitutional claim only, what is the appropriate standard of review for the D.C. Circuit to apply to the review of the FCC's actions?
Group of answer choices
A. de novoreview because all constitutional claims are reviewedde novoby the appellate court.
B. "Is the agency's intrepretation of the statute pemissible?" because the constitutional claim will be givenChevrondeference.
C. It is impossible to tell because we do not know enough about the claim to determine the standard of review.
D. The D.C. Circuit would not under any circustances review a claim that an agency's action was unconstitutional, therefore there is no review of this First Amendment claim.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started