United States Telecom Association v. Federal Communications Commission

855 F.3d 381 (2017)

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United States Telecom Association v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
855 F.3d 381 (2017)

SC

Facts

In 2015, the Federal Communications Commission (FCC) (defendant) issued an order classifying Internet-service providers (ISPs) as telecommunications carriers subject to regulation under Title II of the Communications Act of 1934. As part of the order, the FCC promulgated net-neutrality rules, under which ISPs were prohibited from blocking or throttling lawful internet traffic. The rules applied to only ISPs holding themselves out as indiscriminate conduits for internet content. The rules did not apply to any ISP that advertised and disclosed to subscribers that it was providing them filtered internet content. The United States Telecom Association, Alamo Broadband, and other organizations representing ISPs (plaintiffs) petitioned for review of the order. A panel of the United States Court of Appeals for the District of Columbia Circuit upheld the order. Alamo Broadband filed a petition for rehearing en banc, arguing that the order compelled ISPs’ speech in violation of the First Amendment.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Kavanaugh, J.)

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