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revive Obama-era net neutrality rules repealed by President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