Net Neutrality Advocates Won't Appeal Loss

Advocacy groups have decided not to appeal a federal court ruling striking down Biden-era net neutrality rules, citing the FCC's current Republican majority and a Supreme Court they view as hostile to the issue. Instead, they plan to push for open internet protections through Congress, state laws, and future court cases, while noting California's net neutrality law remains in effect. Ars Technica reports: 'Trump's election flipped the FCC majority back to ideologues who've always taken the broadband industry's side on this crucial issue. And the justices making up the current Supreme Court majority have shown hostility toward sound legal reasoning on this precise question and a host of other topics too,' said Matt Wood, VP of policy and general counsel at Free Press. 'The 6th Circuit's decision earlier this year was spectacularly wrong, and the protections it struck down are extremely important. But rather than attempting to overcome an agency that changed hands -- and a Supreme Court majority that cares very little about the rule of law -- we'll keep fighting for Internet affordability and openness in Congress, state legislatures and other court proceedings nationwide,' Wood said.

Besides Free Press, groups announcing that they won't appeal are the Benton Institute for Broadband & Society, New America's Open Technology Institute, and Public Knowledge. 'Though the 6th Circuit erred egregiously in its decision to overturn the FCC's 2024 Open Internet order, there are other ways we can advance our fight for consumer protections and ISP accountability than petitioning the Supreme Court to review this case -- and, given the current legal landscape, we believe our efforts will be more effective if focused on those alternatives,' said Raza Panjwani, senior policy counsel at the Open Technology Institute. Net neutrality could still reach the Supreme Court in another case. Andrew Jay Schwartzman, senior counselor of the Benton Institute for Broadband & Society, said that 'the 6th Circuit decision makes bad policy as well as bad law. Because it is at odds with the holdings of two other circuits, we expect to take the issue to the Supreme Court in a future case.'

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