The Road Ahead For Net Neutrality And The First Amendment [telecom]

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by Donald McGahn II , Bruce Olcott , Schuyler J. Schouten and Brett A. Shumate

In Short

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The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.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