Monday, May 10, 2010



FCC doesn't have to be right -- just "substantially justified"

A new standard in law!
"Last week, an administrative law judge for the Federal Trade Commission held the agency was not liable under federal law for the attorney fees and expenses of William Isely, an 84-year-old retiree falsely accused of disseminating false advertising on the Internet.

Although the same judge held last year that the evidence clearly demonstrated Mr. Isely was not responsible for the challenged advertising — which was produced by a foreign company outside the FTC’s jurisdiction — the Commission was nevertheless ’substantially justified’ in its prosecution, thereby negating Mr. Isely’s right to recover attorney fees.

If the judge’s decision stands, it would effectively exempt the FTC from the Equal Access to Justice Act, which was designed to help combat government abuses of the adjudicatory process.”

Source

This predatory organization is a deadly enemy of free speech and now they seem to be immune from paying for their attacks on it if they lose in the courts.

2 comments:

Anonymous said...

Since this "judge" works for the FTC, why would you expect a different finding. Mr. Isely needs to take this case before a real court and judge.

Anonymous said...

The FTC, as is the case with many other government agencies, is being used by the Marxists in the White House to apply more and more control over the once-free American people. When next Novembers mid-term elections are done, we'll know if the people will choose to continue being abused, or if they will choose "real" change, not just a bunch of never-ending lies from the totally incompetent, Marxist they put in the Oval Office.