en.wikipedia.org/wiki/Ajit_Pai
4 corrections found
Senate majority leader Mitch McConnell
This gets McConnell’s leadership title wrong. When Obama nominated Pai in 2011, Mitch McConnell was the Senate minority leader, not the majority leader.
Full reasoning
The article links Pai’s nomination to President Obama’s October 31, 2011 announcement. At that time, Democrats controlled the Senate, and the U.S. Senate’s official leadership list shows that in the 112th Congress (2011–2013) Harry Reid was majority leader while Mitch McConnell was minority leader. McConnell did not become Senate majority leader until the 114th Congress (2015–2017). So describing him here as "Senate majority leader" is historically incorrect for Pai’s 2011 nomination.
2 sources
- President Obama Announces Another Key Administration Post | whitehouse.gov
October 31, 2011 ... President Obama announced his intent to nominate ... Ajit Varadaraj Pai, Nominee for Commissioner, Federal Communications Commission.
- U.S. Senate: Complete List of Majority and Minority Leaders
2011_2013 112th Congress (2011-2013) — Majority Leader: Reid Harry Reid (D-NV); Minority Leader: McConnell Mitch McConnell (R-KY).
Pai was then designated chairman of the FCC by President Donald Trump in January 2017 for a five-year term.
This sentence mixes up Pai’s role as chairman with his underlying commissioner term. FCC commissioners serve five-year terms, but the president separately designates one commissioner as chair.
Full reasoning
Under federal law, FCC commissioners are appointed to five-year terms, and the President separately designates one of those commissioners as chairman. The statute does not say the chairmanship itself is a five-year term. A Senate Commerce Committee release from Pai’s 2017 confirmation makes the distinction explicit: it says the Senate confirmed Pai to a new five-year term beginning July 1, 2016 as a commissioner, and separately notes that he "was designated as Chairman earlier this year." So the sentence is inaccurate in saying Trump designated Pai chairman "for a five-year term"; the five-year term was his commissioner term, not the chairmanship designation.
2 sources
- 47 USC 154: Federal Communications Commission
The Federal Communications Commission ... shall be composed of five commissioners ... one of whom the President shall designate as chairman. ... A commissioner ... shall be appointed for a term of 5 years.
- Senate Confirms FCC Chairman Ajit Pai to New FCC Term - U.S. Senate Committee on Commerce, Science, & Transportation
The U.S. Senate ... confirmed ... Ajit Pai to a new five-year term beginning July 1, 2016. ... He was designated as Chairman earlier this year.
Under Section 230, social media companies are granted First Amendment rights
This confuses two different legal protections. Section 230 provides certain liability protections, but First Amendment rights come from the Constitution, not from Section 230.
Full reasoning
Section 230 and the First Amendment are separate legal doctrines. The text of 47 U.S.C. § 230 describes liability protections for providers and users of interactive computer services—for example, that they generally are not treated as the publisher or speaker of third-party content, and that they are protected for certain good-faith moderation decisions. It does not grant First Amendment rights. Those rights come from the First Amendment to the U.S. Constitution, which independently protects freedom of speech and of the press. So saying that social media companies are "granted First Amendment rights" under Section 230 is legally incorrect; Section 230 provides statutory immunity, not constitutional rights.
2 sources
- 47 USC 230: Protection for private blocking and screening of offensive material
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. ... No provider or user ... shall be held liable on account of ... action voluntarily taken in good faith to restrict access to ... objectionable [material].
- U.S. Constitution - First Amendment | Constitution Annotated | Congress.gov
Congress shall make no law ... abridging the freedom of speech, or of the press ...
He was confirmed unanimously by the U.S. Senate on May 7, 2012, and was sworn in on May 14, 2012, for a five-year term.
Pai was sworn in during a term that had already started, not for a fresh five-year term. His initial FCC term ended on June 30, 2016.
Full reasoning
Pai did not begin a brand-new five-year FCC term when he was sworn in on May 14, 2012. Official Senate material states that his 2012 confirmation was for a term of five years from July 1, 2011, meaning he was filling a term that had already begun before he took office. Other official congressional materials describe his sworn-in term as concluding on June 30, 2016. So the article’s wording is inaccurate: Pai was sworn in to serve the remainder of an existing five-year term, not a full fresh five-year term starting in May 2012.
3 sources
- FCC Nominations Confirmed | The Senate Democratic Caucus
The Senate confirmed ... Ajit Varadaraj Pai, of Kansas, to be a Member of the Federal Communications Commission for a term of 5 years from July 1, 2011 ...
- PN89 - Nomination of Ajit Varadaraj Pai for Federal Communications Commission, 115th Congress (2017-2018) | Congress.gov
Ajit Varadaraj Pai, of Kansas, to be a Member of the Federal Communications Commission for a term of five years from July 1, 2016.
- Ajit V. Pai was nominated to the Federal Communications Commission by President Barack ...
On May 14, 2012, he was sworn in for a term that concludes on June 30, 2016.