DC Circuit Upholds FCC Net Neutrality Repeal But Allows State Protections
A federal appeals court upholds the FCC's repeal of net neutrality rules but rules the agency lacks the authority to stop states from enacting their own protections. The decision allows states to step in and shield Internet users despite the federal rollback.
The DC Circuit Court of Appeals issues a mixed ruling on net neutrality by upholding the FCC's 2017 repeal of the Open Internet Order while simultaneously rejecting the agency's attempt to block state-level protections. The court determines that the FCC's repeal is not legally irrational, but it concludes that the agency cannot prevent states from stepping in to protect their own residents now that the federal government has abandoned its regulatory authority over broadband providers.
Advocates express deep disappointment in the court's decision to let the repeal stand, as the FCC ignores overwhelming public support for net neutrality and dismisses the technical expertise of Internet engineers. The 2017 order removes essential rules that prevent Internet service providers from blocking, throttling, or creating paid prioritization schemes for online data. Critics point out that the FCC bases its repeal on a flawed understanding of how the Internet actually functions rather than on solid economic evidence.
Despite this setback, digital rights groups find a significant silver lining in the ruling because it explicitly empowers states to pass their own net neutrality laws. Several states already enact such protections, and this court decision ensures those state-level rules remain valid and enforceable. As the legal battle continues, this outcome provides a crucial pathway for local governments to limit the damage caused by the federal rollback and safeguard an open Internet for their citizens.