Quote:
Originally posted by Adder
whether it was Congress or the FTC made the distinction is irrelevant.
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The distinction Congress made, however, is in the general grant of authority to the FTC, which does not extend to non-profit institutions. If such a grant itself can create a content-based restriction, doesn't that make it nearly impossible for any agency with limited jurisdiction (as they nearly all are) unable to regulate speech in any way?
One good thing about the Denver ruling: presumably to reach the constitutional issue, he had to conclude that the FTC did have the authority to promulgate the regulations.
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