The Road Ahead For Net Neutrality And The First Amendment

In Short

The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.

The Issue: Net neutrality raises First Amendment questions that have yet to be addressed by the Supreme Court, although in 2017, then-D.C. Circuit Judge Kavanaugh concluded that the Obama-era net neutrality rules violated the First Amendment.

Looking Ahead: The First Amendment is likely to play a key role in any proceeding to revisit the FCC's net neutrality rules and in any subsequent litigation.

2015 Net Neutrality Rules 

Net neutrality—the principle that broadband internet access service providers should transmit all internet content equally—has long prompted legal and policy debate, and the federal government's posture on the issue has shifted several times during the past decade. After several attempts to impose net neutrality during the Bush and Obama administrations, the