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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The Federal Communications Commission ( FCC ) under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump s FCC.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 FCC adopted net neutrali
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The whirlwind of developments during 2021 on net neutrality rules that is probably inevitable given the change in administration gathered speed this week, when a federal district court in California denied an industry request to stay the effectiveness of California s net neutrality law, the California Internet Consumer Protection and Net Neutrality Act of 2018.
The ruling in
American Cable Association et al. v. Becerra, No 2:18-cv-02684 (E.D. Cal.) is not a final holding that the California statute is legal instead, in an oral ruling, Judge Mendez merely refused to enjoin the law pending final resolution of industry s challenges to it. But perhaps even more important than the fact that the California law is now in effect is what the ruling may foreshadow: The judge specifically called on Congress to weigh in on the net-neutrality debate, while Acting Chairwoman Rosenworcel of the FCC called the ruling big news for #o
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