Meta’s Last-Ditch Effort Against the FTC

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Social Media Company Meta Files a Lawsuit Against FTC

Social media company, Meta, took a daring step by filing a lawsuit against the Federal Trade Commission (FTC).

  • It alleges that the FTC’s authority, exercised in reopening an administrative proceeding, is structurally unconstitutional.
  • The lawsuit seeks a court declaration that certain aspects of the FTC’s structure violate the Constitution.

On November 29th, Meta filed a lawsuit against the Federal Trade Commission (FTC) challenging the constitutionality of the FTC’s authority exercised.

Bold move!

The social media company alleges in its lawsuit that the FTC’s authority in reopening an administrative proceeding against the Big Tech giant is structurally unconstitutional. As a result, the company is asking the court to recognize certain aspects of the FTC’s structure as violating the Constitution.

Did I also mention they want the FTC to permanently stop any proceedings against Meta?

The gall!

The filing brings into question the five structural characteristics of the FTC:

  1. Due Process Violation: The FTC has a dual role as both prosecutor and judge in administrative adjudications.
  2. Executive Authority: Commissioners exercise executive authority without being subject to unrestricted removal by the President.
  3. Unconstitutional Delegation: Congress unconstitutionally delegated the power to assign disputes to administrative adjudication without an intelligible principle.
  4. Adjudication of Private Rights: The FTC adjudicates private rights in violation of Article III.
  5. Seventh Amendment Violation: The proceeding denies Meta’s right to a trial by jury under the Seventh Amendment.

The Audacity!

Okay, let’s be serious for a second.

Here’s the thing, the complaint does not dispute the merits of the accusations. In fact, it solely focuses on the structural constitutionality of the proceeding. It’s like a candidate trying to discredit his opponent so he doesn’t have to admit his crimes and address the public.

In the lawsuit, the 840.73 billion social media company is also claiming irreparable harm were the illegitimate proceedings led by an illegitimate decision-maker (read, the FTC) to go forth.

You know What the FTC wants?

It wants Meta to limit the monetization of CHILDREN’s data!

So, all of this fighting and flailing over protecting our children.

There’s a lot I don’t understand in this world. Some of these things are reasonable (certain physics concepts) and others are not so reasonable (how does a bee’s wings carry it). but protecting our children shouldn’t be ambiguous.

Meta will jump to action at the first mention of Chinese accounts masquerading as American citizens with the intent to divide the American people. So, why isn’t it fighting tooth and nail to protect the kids rather than sell them to the highest bidder?

Do you think if we held Mark Zuckerberg accountable for his company’s actions and vice versa like we do with Elon Musk, we’d light a brighter fire under them?

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