Cameron Miranda
The concept of net neutrality has been a topic of extensive debate in the United States, with advocates raising concerns about the ability of broadband providers to control internet access and content. While the Federal Communications Commission (FCC) first adopted net neutrality principles in 2005, the dynamic nature of the digital landscape has led to ongoing legal battles. The FCC's net neutrality rules were struck down in 2018 under the Trump administration, and subsequent attempts to reinstate them have faced legal challenges. The Supreme Court's decision in Loper Bright Enterprises v. Raimondo set a precedent by overturning the Chevron deference, impacting the FCC's authority. Despite these challenges, some states like California, Washington, and Oregon have implemented their own net neutrality laws, highlighting the ongoing push for open internet principles.
| Characteristics | Values |
|---|---|
| Can states overturn net neutrality law? | Yes, states can overturn net neutrality law. For example, California passed regulations for Net Neutrality protections in 2018, which the Trump administration swiftly filed a lawsuit against. |
| What is net neutrality? | Net neutrality rules require internet service providers to treat internet data and users equally rather than restricting access, slowing speeds or blocking content for certain users. |
| Which states have net neutrality laws? | California, Washington, Oregon, Vermont, Maine, Montana, New York, Hawaii, New Jersey, and Rhode Island. |
| What is the FCC's stance on net neutrality? | The FCC first adopted net neutrality principles in 2005 during the George W. Bush administration. However, in 2018, the FCC under President Donald Trump repealed its net neutrality rules. |
| What was the outcome of the FCC's repeal? | The United States Court of Appeals for the District of Columbia Circuit upheld the FCC's repeal but struck down the agency's preemption of state and local net neutrality regulations. |
| What has been the impact of the FCC's repeal? | The repeal of net neutrality rules by the FCC has been criticized for potentially harming consumers, public safety, and existing regulations. It has also led to a lack of federal net neutrality rules, with states implementing their own versions. |
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What You'll Learn
The FCC's net neutrality rules were struck down
The FCC's net neutrality rules were first adopted in 2005 during the George W. Bush administration as voluntary guidelines. In 2015, the FCC, under the Obama administration, reclassified broadband as a public utility to regulate access to the internet and hold ISPs accountable for outages, network security, and consumer data protection. However, in 2017, under the Trump administration, the FCC reversed itself by repealing its net neutrality rules.
In 2021, President Biden signed an executive order encouraging the FCC to reinstate the net neutrality rules. The FCC voted along party lines to reassume regulatory oversight of broadband internet and reinstate open internet rules. However, industry groups, including USTelecom (which represents ISPs such as AT&T and Verizon), filed a lawsuit and successfully blocked the rules temporarily while the case was considered.
The Sixth Circuit's ruling in Ohio Telecom Association v. FCC in 2025 held that the FCC lacked the authority to reinstate its 2015 net neutrality rules. The court found that the FCC's interpretation of broadband internet access service as a Title II "telecommunications service" was inconsistent with the Communications Act. The court emphasized that any future FCC effort to reinstate net neutrality would require clear congressional authorization.
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States' responses to net neutrality
The debate surrounding net neutrality in the United States has resulted in varied responses from different states. While some states have introduced bills and signed executive orders in support of net neutrality, others have opposed it.
California
California has been at the forefront of the net neutrality debate, with several significant developments:
- September 30, 2018: California passed the California Internet Consumer Protection and Net Neutrality Act of 2018, aiming to reinstate Obama-era net neutrality regulations.
- October 2, 2019: The governor signed bill AB-1699, allowing first response agencies to request that mobile service providers not limit or degrade their internet traffic during emergencies.
- October 2019: The Ninth Circuit ruled that California's net neutrality law could be enforced and could not be overridden by the FCC.
- October 27, 2020: The FCC voted to reaffirm the rollback of net neutrality regulations.
- February 8, 2021: The U.S. Justice Department dropped its legal challenge to California's net neutrality statute.
Other States
- Maine: On June 25, 2019, the governor of Maine signed a net neutrality bill, stating that internet service providers can only receive state funding if they provide net-neutral service.
- Montana, New York, Hawaii, New Jersey, Rhode Island, and Vermont: As of October 3, 2019, the governors of these six states had signed executive orders requiring ISPs doing business with the state to comply with net neutrality rules.
- New Jersey: The state's attorney general's office reported in May 2021 that approximately 18 million out of 21.9 million comments submitted regarding net neutrality were bogus.
- North Carolina and Tennessee: The FCC's 2015 ruling made exemptions for these states, as they had already established stronger net neutrality concepts.
Additionally, as of October 3, 2019, legislators in 29 states had introduced bills in response to the FCC's ruling during the 2019 legislative session. These states included California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, and West Virginia.
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The Biden administration's stance on net neutrality
The Biden administration has shown support for net neutrality. In July 2021, President Biden signed an executive order encouraging the Federal Communications Commission (FCC) to reinstate the net neutrality rules that were repealed by the Trump administration. The Biden administration's stance on net neutrality aligns with the Obama-era regulations, which were initially implemented in 2015.
The Biden administration's efforts to restore net neutrality have faced challenges. In August 2024, a U.S. appeals court blocked the FCC's reinstatement of net neutrality rules, stating that broadband providers are likely to succeed in a legal challenge. This decision was a setback for the Biden administration, as net neutrality is considered a priority.
The Biden administration's support for net neutrality is based on the belief that it will drive innovation, economic growth, and the free exchange of ideas. It ensures that the internet remains open, secure, and accessible to all. The National Telecommunications and Information Administration (NTIA), which advises the President on telecommunications and information policy, plays a crucial role in developing and coordinating the administration's stance on net neutrality.
The debate over net neutrality in the United States has been ongoing, with some states implementing their own versions of net neutrality protections. California, for example, passed net neutrality regulations in 2018, which were challenged by the Trump administration. The Biden administration's withdrawal from the legal challenge allowed California's net neutrality law to go into effect, demonstrating the administration's support for state-level initiatives.
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Net neutrality and broadband providers
Net neutrality is the concept of an open, equal internet for everyone, regardless of device, application, or platform used and content consumed. Proponents of net neutrality believe that all corporations, including broadband providers and internet service providers (ISPs), should treat internet data and users equally. They should not restrict access, slow down access speeds, or block content for some users to serve their interests. Broadband providers should also not make special arrangements with any companies to give them improved network speeds or access.
In the United States, net neutrality has been a point of conflict between network users and service providers since the 1990s. The conflict arises from how internet services are classified by the Federal Communications Commission (FCC) under the authority of the Communications Act of 1934. The FCC would have significant regulatory power over ISPs if internet services were treated as a Title II "common carrier service". On the other hand, ISPs would be mostly unrestricted by the FCC if internet services fell under Title I "information services".
In 2009, the United States Congress passed the American Recovery and Reinvestment Act, which granted a stimulus of $2.88 billion for extending broadband services into certain areas of the United States. Aspects of net neutrality and open access were written into the grant. In 2010, the FCC Open Internet Order banned cable television and telephone service providers from preventing access to competitors or certain websites. The order established six net "neutrality principles" that would apply to ISPs: Transparency, No Blocking, Level Playing Field, No Unreasonable Discrimination, and Network Management.
In 2018, California passed the California Internet Consumer Protection and Net Neutrality Act of 2018, which aimed to bring back Obama-era net neutrality regulations that were repealed by the Trump administration. The Trump administration filed a lawsuit, stating that the regulations "interfere with the federal government's approach to the Internet." In 2020, the Federal Communications Commission (FCC) voted to reaffirm the rolling back of net neutrality regulations. However, in 2021, the U.S. Justice Department dropped its legal challenge to California's net neutrality statute, and a judge denied the preliminary injunction, allowing California's law to go into effect.
In 2023, the FCC voted to approve a Notice of Proposed Rulemaking (NPRM) that sought comments on a plan to restore net neutrality rules and regulation of internet service providers. In 2024, the FCC voted to reinstate net neutrality in the United States by reclassifying the Internet under Title II. However, legal challenges from ISPs resulted in an appeals court staying the net neutrality rules until a final ruling could be made. Finally, in 2025, a US Court of Appeals ruled that the FCC did not have the authority to reinstate net neutrality rules, striking them down.
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Net neutrality as a civil right
Net neutrality laws have been a topic of debate in the United States for many years, with several states implementing their own versions of net neutrality protections. While the Federal Communications Commission (FCC) has sought to overturn these laws, the fight for net neutrality is closely tied to the fight for civil rights and free speech.
Net neutrality laws require internet service providers (ISPs) to treat all internet data and users equally, without restricting access, slowing speeds, or blocking content for certain users. These laws prevent ISPs from becoming gatekeepers who can control and manipulate what people access online. Without net neutrality, ISPs could prioritize data for businesses and organizations that they favor or that pay more, hindering free speech and democratic participation on the Internet.
Proponents of net neutrality argue that it helps to provide freedom of information exchange, promotes competition and innovation, and upholds standardization of Internet data transmission. Former Senator Al Franken and President Obama have expressed strong support for net neutrality, recognizing its importance in protecting free speech and ensuring that all users have equal access to information and ideas.
The fight for net neutrality has also gained support from civil rights organizations such as the American Civil Liberties Union (ACLU) and human rights advocates like David Kaye, the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. They argue that net neutrality is central to democracy and that it is imperative for Congress to act to ensure a free and open internet for all.
While there have been setbacks, with courts ruling against the FCC's authority to reinstate net neutrality rules, the fight for net neutrality as a civil right continues. With support from civil society, companies like Google, and members of Congress from both sides of the aisle, there is still hope for net neutrality to be protected and upheld as a fundamental right in the digital age.
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Frequently asked questions
Net neutrality rules require internet service providers to treat internet data and users equally rather than restricting access, slowing speeds or blocking content for certain users.
While states cannot overturn federal net neutrality laws, they can implement their own versions of net neutrality laws.
In 2025, the Sixth Circuit ruled that the Federal Communications Commission (FCC) does not have the authority to classify broadband as a "telecommunications service" and enforce net neutrality rules. This decision overturned the Chevron deference and marked the end of net neutrality at the federal level.
The ruling leaves in place state neutrality rules adopted by California, Washington, and other states. However, it ends the efforts to give federal regulators sweeping oversight over the internet.
