by
Kevin Zeese and Margaret Flowers
Part
3 - Net Neutrality in the Courts
The
publication of the FCC rule repealing net neutrality also restarts
litigation to challenge the FCC rule, which seeks an injunction to
stop the rule from being implemented. State attorneys general, public
interest groups and internet companies are all taking legal action in
the US Court of Appeals for the DC Circuit. The goal is for the FCC
rule to be remanded for reconsideration and for it to be enjoined
pending the outcome of the litigation. Courts tend to favor federal
agencies, but we have a strong case.
The
central arguments will be that the FCC’s action was arbitrary and
capricious and abuse of their discretion by reversing net neutrality
rules. Further, the FCC misinterpreted and disregarded critical
evidence on industry practices, and their decision will harm
consumers and businesses. In addition, the procedures followed by the
FCC violated the Administrative Procedures Act.
Over the
next ten days, lawsuits will be filed by several net neutrality
advocacy groups. Those that have filed or pledged to do so include
Free Press, Public Knowledge and the Open Technology Institute. In
addition, 22 states and the District of Columbia have refiled their
lawsuits against the FCC to restore its original rules. Mozilla and
Vimeo have also filed suit to protect net neutrality.
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