Judicial Watch Asks U.S. Supreme Court to Reverse Lower Court Ruling Granting Unchecked Administrative Power to FCC to Regulate Net Neutrality
D.C. Circuit Decision Unlawfully ‘Undermined the Constitutional Separation of Powers’ and Threatens to ‘Destroy Enormous Amounts of National Wealth’
(Washington, DC) – Judicial Watch today announced it joined the Allied Educational Foundation (AEF) in submitting an amici curiae brief to the U.S. Supreme Court, urging the court to hear the appeal of the 2015 case United States Telecom Association, et al. v. Federal Communications Commission and United States of America (No. 15-1063) and rein in the administrative power granted to the Federal Election Commission (FCC) by the U.S. Court of Appeals for the District of Columbia. Judicial Watch argues that the circuit court’s decision “undermined the constitutional separation of powers” by allowing the FCC to directly intervene in the broadband Internet economy. The amici brief also argues that the lower court’s ruling will expose the FCC to undue influence from politicians and lobbyists now and in the future:
The U.S. Court of Appeals for the D.C. Circuit gave an administrative agency like the Federal Communications Commission extended future powers to destroy enormous amounts of national wealth by reclassifying and regulating broadband Internet service... The result will be constant risk of damage to a major portion of the American economy and a simultaneous increase in wasteful rent-seeking behavior and agency lobbying. Amici are additionally concerned that unless this Court acts to rein in an unchecked administrative state, federal separation of powers doctrine will be badly undermined.
Additionally, Judicial Watch and AEF argue that the D.C. Circuit’s decision “is blessing Congress’ evasion of its constitutional responsibility to make laws. This will lead the executive branch to continue to usurp this authority with bolder and more inventive interpretations of decades-old statutes until eventually all real lawmaking power will lie in the executive and the judiciary.” On May 18, 2017, the FCC voted to propose a new review of the Obama-era net neutrality regulations passed in 2015 on Internet service, which greatly increased the FCC’s management of Internet content delivery and operations. In July, Judicial Watch and AEF submitted comments to the FCC:
[T]he prior FCC was not content to merely protect Internet openness. Rather than adopt simple rules toward that end, the prior FCC adopted a raft of economic regulations that serve little purpose other than to bring a thriving and successful industry to heel, placing it under the control of federal regulators. This was a simple power grab, taking decision-making authority away from entrepreneurial businesses and putting it in the hands of the FCC.
Judicial Watch/AEF also highlighted the political motivation behind the Obama FCC “power grab” that produced this “politically corrupted decision to regulate the Internet:
The prior FCC’s adoption of the net neutrality regulations was a politically-corrupted decision, which will do far more to increase the wealth of Washington DC power-brokers and lobbyists than it will to protect consumers... These net neutrality rules are a far-left, base-appeasing federal power grab. The regulations as written are certain to increase the amount of rent-seeking behavior already present in a usually smoothly functioning industry. As industry players position themselves to curry favor with federal bureaucrats possessed of far-reaching adjudicatory powers, Internet innovation, investment and consumers all will suffer.
The Judicial Watch/AEF comments were quoted twice in the FCC’s recent order:
Should the hypothetical harms that proponents of Title II imagine eventually come to pass, application of the antitrust laws would address those harms. fn. 517 ... Judicial Watch Comments at 12 (asserting that “most of the potential or imagined future violations of net neutrality principles are already illegal under antitrust laws, including acts like website blocking, charging monopoly rents, collusion between industry players, and unfair competition. The existing antitrust laws can already be enforced against broadband providers by the Justice Department, the Federal Trade Commission, and the 50 State Attorneys General.”)
And to the extent an ISP has market power, antitrust law would only allow such ISPs to engage in pro-competitive paid prioritization practices. fn. 910 Judicial Watch Comments at 9-10 (“Allowing a two-sided market to flourish is more effective than regulation for keeping consumer prices low even in true monopoly provider cases, which broadband Internet is likely not, given the ubiquity of wireless broadband.”)
“The Obama FCC’s attempted takeover of the Internet under the fake guise of ‘net neutrality,’ which was blessed by the D.C. Court of Appeals, must be stopped and not allowed to serve as a precedent for further expansion of unconstitutional actions by the federal bureaucracy,” said Judicial Watch President Tom Fitton.,” said Judicial Watch President Tom Fitton. In May 2017, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the FCC seeking records of the Obama White House’s influence in the FCC’s decision to reclassify broadband Internet as a public utility so that it could impose its restrictive net neutrality regulatory rules (Judicial Watch v. Federal Communications Commission (No. 1:17-cv-00933)).
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ost recently, Tonight Alive released "Crack My Heart," the brand new single from upcoming album Underworld. On the track, Singer Jenna McDougall shares "The concept of cracking the heart is to allow the precious, vulnerable self to come through and be free. The painful, yet liberating experience involves the emotional and energetic decalcification of the hardened heart. The lyrics follow my conversation with a 'winged man', a conscious figure, who offers space and safety to do my healing with. In my experience, when you are seen as your authentic self by another, you come to recognise your reflection more accurately and lovingly. Crack My Heart is a tribute to the way that love from the divine masculine elevates and holds space for the divine feminine to flourish." Fans can head to http://smarturl.it/CrackMyHeartVideo to check out the accompanying music video.
Who: Tonight Alive and Silverstein with Broadside and Picturesque
What: The Get Free Tour
When: Saturday, January 27th, 2018 - Doors 6:00pm, Show 7:00pm
Where: The Depot - 400 W S Temple, Salt Lake City, UT 84101
How: https://tonightalive.com/
Tour Admat Download: http://bit.ly/2yyqXSu
Musically, the upcoming album gives fans unique melodies and heavy hitting rock sounds. Lyrically, it is the most personal work they have ever put forth. With additional guest vocal performances from Lynn Gunn (PVRIS) and Corey Taylor (Slipknot, Stone Sour) on the tracks "Disappear" and "My Underworld," the album is full of moments that pushed the band to explore every aspect of themselves both creatively and emotionally. Due out January 12th, 2018 via Hopeless Records, Underworld is available for pre-order at http://smarturl.it/TAUnderworld.
TONIGHT ALIVE
Releases New Song and Music Video
Second Single From Upcoming Album
Due Out January 12
December 11th, 2017 - Sydney, Australia - Tonight Alive has released "Crack My Heart" today, the brand new single from upcoming album Underworld. On the track, Singer Jenna McDougall shares "The concept of cracking the heart is to allow the precious, vulnerable self to come through and be free. The painful, yet liberating experience involves the emotional and energetic decalcification of the hardened heart. The lyrics follow my conversation with a 'winged man', a conscious figure, who offers space and safety to do my healing with. In my experience, when you are seen as your authentic self by another, you come to recognise your reflection more accurately and lovingly. Crack My Heart is a tribute to the way that love from the divine masculine elevates and holds space for the divine feminine to flourish." Fans can head to http://smarturl.it/CrackMyHeartVideo to check out the accompanying music video.
Musically, the upcoming album gives fans unique melodies and heavy hitting rock sounds. Lyrically, it is the most personal work they have ever put forth. With additional guest vocal performances from Lynn Gunn (PVRIS) and Corey Taylor (Slipknot, Stone Sour) on the tracks "Disappear" and "My Underworld," the album is full of moments that pushed the band to explore every aspect of themselves both creatively and emotionally. Due out January 12th, 2018 via Hopeless Records, Underworld is available for pre-order at http://smarturl.it/TAUnderworld.
The lead single from the upcoming release, "Temple," was shared with fans earlier this fall and saw great streaming success with adds to Spotify's Rock This, The Scene and Crash Course Playlists in the US, a coveted New Music Friday add in Thailand and spots on iTunes' Best of the Week and A-List: Rock Playlists in the UK. Born out of a time when McDougall was experiencing severe depression and fatigue, the lyrics for this super-charged and energetic track were penned when she was entrapped in being sick in her mind, body and soul. Be sure to check out the video for the hard-hitting, yet deeply personal track, here: smarturl.it/TempleVideo.
Underworld Track Listing
1. Book Of Love
2. Temple
3. Disappear (Feat. Lynn Gunn)
4. The Other
5. In My Dreams
6. For You
7. Crack My Heart
8. Just For Now
9. Burning On
10. Waiting For The End
11. Last Light
12.Looking For Heaven
13. My Underworld (Feat. Corey Taylor)
Tonight Alive recently announced they will be returning to the United States for a Co-Headlining Tour with Silverstein in early 2018. With support from Broadside and Picturesque, The Get Free Tour will kick off in Cleveland, OH on January 19th and travel to cities all around the United States before wrapping up on March 1st in Pittsburgh, PA. Tickets are on sale now at http://tonightalive.com/.
Upcoming Tonight Alive Tour Dates:
1/13 - South Gippsland - Unify 2018
1/19 - Cleveland, OH @ House of Blues *
1/20 - Cincinnati, OH @ Bogart's *
1/21- Indianapolis, IN @ Deluxe *
1/23 - St. Louis, MO @ Ready Room *
1/24 - Lawrence, KS @ Granada Theatre *
1/26 - Denver, CO @ Summit *
1/27 - Salt Lake City, UT @ The Depot *
1/28 - Boise, ID @ Knitting Factory *
1/30 - Sacramento, CA @ Ace of Spades *
1/31 - San Francisco, CA @ Slims *
2/1 - Anaheim, CA @ House of Blues *
2/2 - Los Angeles, CA @ The Regent *
2/3 - Las Vegas, NV @ Vinyl *
2/5 - Phoenix, AZ @ Marquee *
2/6 - Albuquerque, NM @ Sunshine Theatre *
2/8 - San Antonio, TX @ Alamo City Music Hall *
2/9 - Dallas, TX @ Gas Monkey *
2/10 - Houston, TX @ White Oak *
2/12 - Orlando, FL @ The Beacham *
2/13 - Ft. Lauderdale, FL @ Culture Room *
2/15 - Atlanta, GA @ Masquerade *
2/16 - Charlotte, NC @ The Underground *
2/17 - Richmond, VA @ Canal Club *
2/18 - Philadelphia, PA @ Union Transfer *
2/19 - Asbury Park, NJ @ House of Independents *
2/20 - Baltimore, MD @ Soundstage *
2/23 - Pontiac, MI @ Crofoot *
2/24 - Chicago, IL @ Concord *
2/26 - Buffalo, NY @ Town Ballroom *
2/27 - Boston, MA @ Paradise *
2/28 - New York, NY @ Irving Plaza *
3/1 - Pittsburgh, PA @ Mr. Smalls *
3/6 - Manchester, UK @ The Ritz ++
3/8 - London, UK @ Koko ++
3/10 - Glasgow, UK @ QMU Glasgow ++
3/11 - Nottingham, UK @ Rock City ++
3/12 - Leeds, UK @ Stylus @ Leeds University ++
3/13 - Bristol, UK @ Motion ++
3/15 - Cologne, Germany @ Luxor ++
3/16 - Amsterdam, Netherlands @ Melkweg ++
3/17 - Copenhagen, Denmark @ Pumpehuset Club ++
3/18 - Berlin, Germany @ Cassiopela ++
* - Co-Headlining Tour with Silverstein
++ - UK Headline Tour
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Tonight Alive, the now 4 piece since departure of guitarist & writer Whakaio Taahi is composed of vocalist Jenna McDougall, rhythm guitarist Jake Hardy, bassist Cameron Adler and drummer Matt Best. After self-releasing the EPs All Shapes & Disguises and Consider This in 2010, Tonight Alive released What Are You So Scared Of? in2011/2012. In 2013 the band released The Other Side. The band also contributed the song "The Edge" to The Amazing Spider-Man 2 Soundtrack before releasing their third full length album, Limitless in 2016.
Press Photo Download (Credit Neal Walters) Here
Cover Art Download Here
Tour Admat Download Here
For more information:
instagram.com/TonightAliveOfficial
