Federal Communications Commission, et al. v. At&T, Inc.
No. 25-406 · Decided June 4, 2026 · affirmed
Does the Federal Communications Commission's process of issuing monetary forfeiture orders without a jury trial violate the Seventh Amendment? The Court held that it does not violate the Seventh Amendment for the Commission to issue forfeiture orders without a jury because these orders do not definitively resolve legal obligations and the Commission's factual findings are not conclusive.
Vote & lineupRoberts delivered the opinion of the Court, joined by Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson (8). Dissent(s): Thomas.
⚠ summary flagged: missing/empty section: DISSENT SUMMARY
The question
Does the Federal Communications Commission's process of issuing monetary forfeiture orders without a jury trial violate the Seventh Amendment? Specifically, the Court considers whether such orders definitively resolve the legal obligations of regulated parties. The issue is whether the availability of a subsequent "trial de novo" under 47 U.S.C. §504(a) satisfies the constitutional requirement for a jury trial.
Petitioner's argument
The petitioner argues that forfeiture orders issued under 47 U.S.C. §503(b)(4) are merely preliminary and do not create a binding obligation to pay. They contend that the Seventh Amendment is satisfied because any actual collection of the penalty requires a "trial de novo" under 47 U.S.C. §504(a). Consequently, the petitioner asserts that the jury ultimately determines the issues of fact before any money is recovered.
Respondent's argument
The respondents argue that the Seventh Amendment applies because the Commission "determine[s]," "assesse[s]," and "impose[s]" penalties, which effectively forces payment. They further contend that the orders cause reputational and practical harms that entitle them to a jury trial even if no money is immediately at stake. Finally, they claim the government coerces them into waiving their jury rights through an unconstitutional condition.
The decision
The Court held that the FCC's forfeiture proceedings do not violate the Seventh Amendment. Relying on *Parsons v. Bedford*, the Court noted that the Amendment applies where "legal rights" are to be "settle[d]." The Court applied the principle from *Capital Traction Co. v. Hof* that the Amendment does not prescribe exactly when a jury trial must occur. Following *Meeker v. Lehigh Valley R. Co.* and *Ex parte Peterson*, the Court reasoned that nonjury findings are permissible if they are subject to de novo review in a subsequent jury trial. The Court found that orders under 47 U.S.C. §503(b)(4) do not create an obligation to pay because the FCC lacks the authority to execute on them and 47 U.S.C. §504(c)