Net neutrality has been a contentious issue in the courts for years. In early 2025, a federal appeals court once again overturned the Federal Communications Commission's net neutrality rules.
Internet service providers (ISPs) continue to oppose regulation, insisting they should have the freedom to operate their businesses freely without government interference.
The recent federal appeals court ruling sided with ISPs, declaring that the FCC lacks statutory authority “to impose its desired net-neutrality policies.”
According to a joint industry statement, the recent ruling confirmed that broadband internet access is an ‘information service’ and serves as a “victory for American consumers that will lead to more investment, innovation, and competition in the dynamic digital marketplace.”
What is Net Neutrality?
Net neutrality rules are designed to prevent internet service providers (ISPs) from blocking, slowing down, or charging additional fees for access to specific online content or applications chosen by their customers.
Hence, advocates for net neutrality view internet access as an essential utility in today’s world and argue that ISPs should be regulated to prevent unfair practices such as prioritizing faster speeds for those who can pay more (and restricting those who pay the minimum or less).
For years, small businesses and regional governments have advocated for these protections, emphasizing that without them, ISPs could widen the digital divide and manipulate content visibility.
The Future of Open Internet Protections
With federal courts curbing the FCC's authority, the net neutrality debate has shifted to Congress and state legislatures. In 2022, 11 states introduced net neutrality bills, according to the National Conference of State Legislatures. Among them, California's net neutrality law stands out as a ‘model law,’ closely mirroring the federal protections that were previously in place.
“Consumers across the country have told us again and again that they want internet that is fast, open, and fair. With this decision, it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law,” Federal Communications Commission Chairwoman Jessica Rosenworcel said.
Echoing the same sentiment, Stanford Law Professor Barbara van Schewick agreed that this decision is a huge setback for American consumers and businesses that rely on the internet. “The principle is really simple: when you pay for internet access, how you use that connection should be up to you, not your provider,” she noted.
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