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Noah Feldman

The Next Fight for Net Neutrality

Should Internet service providers be protected by the First Amendment?
Don't celebrate yet.

Don't celebrate yet.

Photographer: Mark Wilson/Getty Images

The congressional battle over net neutrality may be over, and the Federal Communications Commission has voted to regulate the Internet as a public utility. But that just means the fight over net neutrality will likely move back to the courts. And this time, expect the First Amendment to be front and center.

Thus far, legal battles surrounding net neutrality have focused on the FCC’s authority to regulate. Now that the political process has established a statutory responsibility, opponents of net neutrality -- primarily Internet service providers -- need a constitutional argument to ask the courts to reverse the result.