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The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.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