Abstract
In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out of court since the FCC’s 2005 Policy Statement before exploring the decision in Mozilla. The Article then argues that the continuing uncertainty over net neutrality regulation should be resolved by Congress.
First Page
160
Recommended Citation
Christopher R. Terry & Scott Memmel,
Harlem Shake Meets the Chevron Two Step: Net Neutrality Following Mozilla v. FCC,
15 Wash. J. L. Tech. & Arts
160
(2020).
Available at:
https://digitalcommons.law.uw.edu/wjlta/vol15/iss3/3
Included in
Communications Law Commons, Computer Law Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Internet Law Commons