In September, Verizon Wireless and the Federal Communications Commission (FCC) appeared before the United States Court of Appeals for the District of Columbia Circuit to present oral arguments in a lawsuit filed by Verizon challenging the FCC’s Open Internet Rules.
I posted about this case in September, but I wanted to provide more information about the arguments being made and, now that I’ve tracked down the briefs, I wanted to make them available.
Specifically, Verizon argues that the FCC rules prohibiting Internet Service Providers (ISPs) from discriminating against packets in their networks (a concept commonly known as “net neutrality”) exceeds the Commission’s statutory authority (and should be handled by Congress,) is violative of the First and Fifth Amendments to the United States Constitution, and that the rules are arbitrary and capricious, making them a violation of the Administrative Procedure Act.
The FCC responds stating that Verizon (like other ISPs) remains free to express any opinion it desires to on its own website. What the rules recognize is that there is no constitutional right to restrict the Internet.
The FCC’s brief states:
Internet access-providers do not engage in speech; they transport the speech of others, as a messenger delivers documents containing speech. Unlike cable systems, newspapers, and other media, broadband providers do not exercise editorial discretion.
Again, here is a link to C-SPAN’s recording of the oral arguments. I’ve also linked the petitioner‘s and respondent‘s briefs.
Leave a Reply