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The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.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 neutrality rules in the 2015 Open Internet Order to prevent broadband providers from blocking or slowing internet traffic to websites and applications. The FCC also classified broadband service as a Title II "telecommunications service" under the Communications Act.