Anaya Nolan
Net neutrality is the principle that internet service providers (ISPs) should treat all data that travels over their networks equally, without blocking, throttling, or creating fast lanes for specific apps, sites, or services. The Federal Communications Commission (FCC) first introduced net neutrality rules in 2015 under the Obama administration, but they were repealed in 2017 by Trump's FCC chair, Ajit Pai. In 2023, the Biden FCC announced plans to restore net neutrality, and the FCC voted to reinstate the rules in 2024. However, these efforts have faced legal challenges, and a recent court decision ruled that the FCC did not have the legal authority to restore net neutrality. This decision ended a decades-long battle over net neutrality and raised questions about the FCC's ability to regulate ISPs. So, can the FCC lawfully take away net neutrality?
| Characteristics | Values |
|---|---|
| FCC's net neutrality rules repealed | 2018 |
| FCC's order to reinstate net neutrality | 2024 |
| Court's decision to overturn Chevron deference | 2024 |
| Court's decision to overturn the long-standing Chevron doctrine | 2024 |
| Sixth Circuit's decision | 2025 |
| Net neutrality introduced | 2015 |
| Net neutrality repealed | 2017 |
| Biden FCC became fully staffed | 2023 |
| FCC voted to restore net neutrality | April 25, 2024 |
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What You'll Learn
- The FCC's net neutrality rules were repealed in 2018
- The FCC's 2024 order to reinstate net neutrality was ineffective
- The Chevron doctrine was overturned by the Supreme Court
- The FCC lacks authority to reinstate its 2015 net neutrality rules
- State net neutrality laws remain unaffected by the Sixth Circuit decision
The FCC's net neutrality rules were repealed in 2018
However, in 2017, Ajit Pai, the FCC Chair appointed by President Donald Trump, announced plans to repeal these net neutrality protections. Despite opposition and concerns about the impact on public safety, the FCC voted 3-2 along party lines on December 14, 2017, to enact the "Restoring Internet Freedom" rules and repeal the Open Internet Order. This decision was officially codified in the Federal Register on February 22, 2018, with the repeal taking effect on June 11, 2018, after the US House of Representatives failed to act under the Congressional Review Act (CRA).
The repeal of net neutrality rules gave ISPs greater freedom to control what users can access online, often prioritising their profits over people's safety. For example, in 2018, Verizon throttled traffic for California firefighters battling massive wildfires, highlighting the dangers of ISPs' ability to interfere with Internet access. Despite the repeal, some states, such as California and Washington, have enacted their own net neutrality laws, mirroring the FCC's 2015 rules. These state-level efforts may encourage ISPs to voluntarily comply with net neutrality principles, even in states without such legislation.
The FCC's attempt to reinstate net neutrality rules in 2024 faced legal challenges, with the Supreme Court's doctrinal shift in Loper Bright undermining federal agencies' authority to interpret and resolve statutory ambiguities. The Sixth Circuit's ruling in Ohio Telecom vs. FCC (2025) held that the FCC lacked the authority to reinstate net neutrality, effectively preserving the status quo. This decision marked the end of net neutrality at the federal level, with any revival requiring congressional action, which seems unlikely in the foreseeable future.
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The FCC's 2024 order to reinstate net neutrality was ineffective
Firstly, the FCC's 2024 order faced significant legal challenges. In 2025, the U.S. Court of Appeals for the Sixth Circuit ruled in Ohio Telecom Association v. FCC that the FCC lacked the authority to reinstate the 2015 net neutrality rules. This decision was based on the Loper Bright case, where the Supreme Court curtailed the power of federal agencies like the FCC to interpret and resolve statutory ambiguities, asserting that authority solely for the courts. This judicial shift undermined the FCC's ability to enforce net neutrality regulations.
Secondly, the telecom industry strongly opposed net neutrality and used its influence to resist regulation. Industry groups filed lawsuits and lobbied against the FCC's efforts, arguing that net neutrality would hinder innovation and investment. They also spread myths, such as denying the consequences of the 2017 repeal of net neutrality, to sway public opinion. The industry's wealth and power allowed them to shape the narrative and gain support for their position.
Additionally, the FCC's 2024 order was ineffective due to the changing political landscape. With the repeal of net neutrality rules in 2018 under President Trump, the FCC's attempt to reinstate the rules in 2024 faced an uphill battle. The Supreme Court's doctrinal shift towards limiting federal agency authority further weakened the FCC's position. The Sixth Circuit's ruling in Ohio Telecom set a precedent that made it highly unlikely for any appeal to the Supreme Court to succeed in reinstating net neutrality.
The FCC's 2024 order also faced practical challenges. Even with the FCC's vote to restore net neutrality, the policy did not take effect due to ongoing legal battles and industry resistance. The telecom industry's nationwide coverage meant that even state net neutrality laws, such as those in California and Washington, had limited impact. While these state laws encouraged providers to comply with net neutrality principles, they could not ensure consistent enforcement across the country.
In conclusion, the FCC's 2024 order to reinstate net neutrality was ineffective due to legal challenges, industry opposition, shifting judicial interpretations, and political obstacles. The battle for net neutrality continues, with grassroots activists and defenders of the open internet advocating for protections against the abusive practices of Big Telecom. However, as of 2025, net neutrality at the federal level has come to an end, and any revival would require congressional action, which seems unlikely in the near future.
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The Chevron doctrine was overturned by the Supreme Court
In 2024, the US Supreme Court overturned the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo. The Chevron doctrine, established in 1984, dictated that federal judges should defer to the regulatory agency's interpretation of ambiguous federal legislation, as long as the interpretation was reasonable. The doctrine has been a guiding principle of US administrative law, influencing areas such as pollution and food safety regulations.
The Supreme Court's decision to overturn the Chevron doctrine was influenced by two primary factors. Firstly, the Court argued that judicial deference to agency interpretations was inconsistent with the statutory requirement for a reviewing court to "decide all relevant questions of law". This shift was also a result of the Court's perception that federal agencies had expanded their regulatory powers beyond what had been delegated by Congress through numerous "reasonable" interpretations of statutes.
The overturning of the Chevron doctrine has had significant implications for net neutrality in the US. Net neutrality is the principle that internet service providers should treat all data that travels over their networks equally, without discriminating against specific apps, sites, or services. In 2015, the Federal Communications Commission (FCC) adopted net neutrality principles during the Obama administration, but they were repealed in 2017 by the Trump administration. The Biden administration attempted to reinstate net neutrality rules in 2024, but these efforts were thwarted by the Supreme Court's decision in Loper Bright.
The Loper Bright decision established that only courts, and not federal agencies, have the authority to interpret and resolve statutory ambiguities. This shift in power effectively ended net neutrality at the federal level, as the Sixth Circuit Court ruled that the FCC lacked the legal authority to reinstate its 2015 net neutrality rules. The decision preserved the status quo, with no federal net neutrality rules in place, while state-level net neutrality laws, such as those in California and Washington, remain unaffected.
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The FCC lacks authority to reinstate its 2015 net neutrality rules
The Federal Communications Commission (FCC) has been fighting for net neutrality for over a decade. In 2005, the FCC first adopted net neutrality principles in the form of voluntary guidelines. In 2015, the FCC passed the Title II Net Neutrality Rules, which established net neutrality protections. However, these rules were repealed in 2017 by then-FCC Chairman Ajit Pai, and again in 2018 under the Trump administration.
In 2023, the Biden administration's FCC announced plans to restore net neutrality protections, and in April 2024, the FCC voted to reinstate net neutrality rules. However, this decision was not without controversy. The FCC's 2024 order to reinstate net neutrality was never implemented due to legal challenges.
The Sixth Circuit Court of Appeals, in a decision called Ohio Telecom Association v. FCC, held that the FCC lacks the legal authority to reinstate its 2015 net neutrality rules. The court's ruling relied on the Loper Bright decision, which overturned the Chevron doctrine. The Chevron doctrine directed courts to defer to federal agencies' interpretations of their own organic acts to resolve statutory ambiguities. The Loper Bright decision ruled that only courts have the authority to interpret and resolve statutory ambiguities.
The Sixth Circuit's ruling in Ohio Telecom set aside the FCC's interpretation of its statutory authority under the Communications Act of 1934. The court found the FCC's interpretation of broadband internet access service as a Title II "telecommunications service" to be "inconsistent with the plain language of the Communications Act". This decision marked the end of net neutrality at the federal level, and any revival would now require action from Congress.
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State net neutrality laws remain unaffected by the Sixth Circuit decision
The battle for net neutrality has been a long-fought one, with the Federal Communications Commission (FCC) first adopting net neutrality principles in 2005. However, net neutrality was not introduced until 2015 under the Obama administration. Net neutrality is the concept that internet service providers (ISPs) should treat all data that travels over their networks equally, without discriminating against particular apps, sites, or services. While net neutrality is intended to prevent ISPs from creating "fast lanes", censoring content, throttling traffic, and blocking access, it has faced opposition and legal challenges.
In 2017, the FCC, under the Trump administration, repealed net neutrality, and the 2024 order to reinstate it never became effective. The FCC's attempt to reinstate net neutrality was met with resistance from telecom industry groups, who filed lawsuits and succeeded in delaying the implementation of the rules. The Sixth Circuit Court of Appeals' decision in Ohio Telecom Association v. FCC held that the FCC lacked the authority to reinstate the 2015 net neutrality rules. This decision was based on the Supreme Court's ruling in Loper Bright, which overturned the Chevron doctrine and asserted that only courts have the power to interpret and resolve statutory ambiguities.
Despite the Sixth Circuit's ruling, state net neutrality laws remain unaffected. States like California and Washington have enacted their own net neutrality laws that mirror the FCC's 2015 rules. These state laws continue to enforce net neutrality principles, such as prohibiting blocking, throttling, and discriminatory practices by ISPs. The impact of these state laws may extend beyond their borders, as many broadband internet access providers offer nationwide coverage. As a result, providers may voluntarily comply with net neutrality principles even in states without specific legislation.
The battle for net neutrality continues, with grassroots activists and defenders of the open internet advocating for its restoration. The FCC's 2024 vote to restore net neutrality was a significant step, but the Supreme Court's actions and industry lawsuits have hindered its implementation. The current FCC Chair, Jessica Rosenworcel, has urged Congress to take up the charge for net neutrality and establish open internet principles in federal law. While the Sixth Circuit's decision preserved the status quo, it also highlighted the need for legislative action to protect net neutrality and ensure that the internet remains accessible and equitable for all users.
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Frequently asked questions
Yes, the FCC can lawfully take away net neutrality. In 2018, under President Donald Trump, the FCC repealed its net neutrality rules. The Biden FCC tried to reinstate the rules in 2024, but the Supreme Court had already started to chip away at the authority of federal agencies.
Net neutrality is the principle that internet service providers should treat all data that travels over their networks equally, without blocking or slowing down any content.
After net neutrality was repealed in 2018, telecom industry groups sued to block the new rules. A U.S. Court of Appeals granted their request and oral arguments for the case took place in October 2024.
The U.S. Court of Appeals for the Sixth Circuit ruled in 2025 that the FCC did not have the legal authority to reinstate net neutrality rules. This decision ended the possibility of net neutrality at the federal level.
While there are no federal net neutrality rules, some states have passed their own laws, such as California and Washington. These state laws may still encourage providers to comply with net neutrality principles.
