The 5th Circuit said the FTC’s deceptive advertising claims are “traditional actions at law and equity and thus involve private rights that demand adjudication in an Article III court.” The court rejected the FTC’s argument that the claims involve public rights that may be adjudicated by administrative agencies.

“In sum, there is overwhelming evidence that Section 5 of the FTC Act did not create a new duty for merchants to refrain from deceptive advertising,” the 5th Circuit said. “That duty long predated the FTC Act and could be enforced by private parties in actions at common law or equity for fraud, deceit, or unfair competition.”

FCC power to issue fines also at risk

In Jarkesy, the Supreme Court said that “matters concerning private rights may not be removed from Article III courts. If a suit is in the nature of an action at common law, then the matter presumptively concerns private rights, and adjudication by an Article III court is mandatory.”

By contrast, matters involving public rights may be handled exclusively by the executive and legislative branches without a court’s involvement. Categories that fall within public rights include: “collection of revenue; aspects of customs law; immigration law; relations with Indian tribes; the administration of public lands; and the granting of public benefits,” the Jarkesy ruling said.

The Jarkesy precedent that helped Intuit beat the FTC is also at the center of a case in which AT&T, Verizon, and T-Mobile are challenging the Federal Communications Commission’s authority to issue fines for selling customer location data without their users’ consent. The mobile carriers’ fight against FCC punishment is set to be decided by the Supreme Court.

Although current FCC Chairman Brendan Carr voted against the mobile-carrier penalties during the previous administration, the Carr FCC is urging the Supreme Court to uphold his agency’s ability to issue fines. The FCC argues that companies it fines can decline to pay and eventually receive a jury trial when the government sues to obtain the fine.

“Forfeitures are among the FCC’s most important enforcement tools,” the FCC told the Supreme Court on Friday. “Eliminating them could mean that many vital rules—such as those protecting privacy, combating robocalls, and regulating broadcasting—go effectively unenforced.”

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Brendan Carr, chairman of the Federal Communications Commission, on Saturday appeared to threaten the licenses of broadcasters reporting on President Donald Trump’s war in Iran after the president crafted a lengthy Truth Social post against the “Fake News Media.”

Trump, in a post on Saturday, took exception to an “intentionally misleading headline by the Fake News Media about” five tanker planes that were hit in an Iranian strike on Saudi Arabia.

The Wall Street Journal reported the story Saturday, citing two U.S. officials.

“The tankers were hit during an Iranian missile strike on the Saudi base in recent days, the officials said,” the Journal reports. “U.S. Central Command declined to comment. The tankers were damaged but not fully destroyed and are being repaired, one of the officials said. No one was killed in the strikes.”

Trump, in his post, argued “the planes were not ‘struck or ‘destroyed,’” and called out “The Wall Street Journal (in particular)” who he claims “actually want use to lose the war.”

The Journal‘s report included Trump’s Saturday Truth Social post.

In response to the president’s rant, Carr issued a lengthy post on X accusing broadcasters of “running hoaxes and news distortions — also known as the fake news.”

“The law is clear. Broadcasters must operate in the public interest, and they will lose their licenses if they do not,” Carr wrote, arguing it was “in their own business interests” to “correct course” on their reporting.

“The American people have subsidized broadcasters to the tune of billions of dollars by providing free access to the nation’s airwaves,” Carr claimed. “It is very important to bring trust back into media, which has earned itself the label of fake news.”

Journalists and media observers noted Carr’s post seemed to threaten news organizations that report stories the White House would rather not be reported.

“The state doesn’t like the war coverage, threatens the license of the broadcasters,” the Bulwark’s Sam Stein noted.

“The Trump administration is now threatening the licenses of broadcasters whose news coverage — apparently about the war — it deems to be ‘fake,’” CNN’s Aaron Blake wrote.

It wasn’t the only media criticism Trump engaged in on Saturday. In a separate Truth Social post, the president shared an image of how he’s “reshaping the media” including a section of media companies and individual people who are now “gone.”

One of the people mentioned in that Trump post, former CNN host Jim Acosta, said he’s “honored to be included” in the graphic.

“But seriously what’s wrong with this guy?” Acosta asked. “This is some goofy stuff.”

The post Trump FCC chief threatens broadcasters’ licenses over Iran war coverage appeared first on MASSIVE News.

There is also disagreement between California and the Trump administration about DEI (diversity, equity, and inclusion) policies. Federal Communications Commission Chairman Brendan Carr has threatened to block mergers if companies don’t eliminate DEI programs.

Verizon agreed to end DEI programs in May, resulting in the FCC’s approval of the Verizon/Frontier merger. According to Falcon, Verizon’s promise to the FCC may prove to be trouble in California’s review of the merger.

“We still have more work to do to resolve the DEI problems the FCC created that conflict with California laws,” Falcon wrote. “It is my hope that we address those to see California as the first state to deliver free Internet access throughout the state next year.”

The CPUC previously asked Verizon for specific details on how it will comply with California rules in the absence of DEI programs. That includes rules on supplier diversity and a state law requiring annual reports on hiring of women, minorities, disabled veterans, and LGBTQ+ individuals.

Verizon gathering approvals from state governments

Verizon CFO Anthony Skiadas said in a July earnings call that the firm is on track to close the acquisition in early 2026. “We have received regulatory approvals from eight states as well as the FCC and DOJ and are productively engaged with the remaining state regulatory agencies,” he said.

Verizon generally offers discounted service with “Verizon Forward” and has been agreeing to expand the program in specific states to gain merger approvals. Last week, the Pennsylvania Public Utility Commission approved a settlement with Verizon that would extend the low-income plans to Frontier territory for at least four years.

The Pennsylvania agreement says the discount results in a “lowest available price of $20 when combined with federal Lifeline.” But it also provides that if Verizon makes stronger commitments in other states, it must apply those enhancements to customers in Pennsylvania. The California and Pennsylvania deals both cover network maintenance, requiring detailed audits of Frontier’s copper and fiber networks and programs to identify and fix infrastructure problems.

Frontier has about 3 million customers in 25 states. Verizon agreed to pay $9.6 billion and take on over $10 billion in debt held by Frontier.

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