Court case

There is a new judge hearing oral argument in the Feb 1 challenge by Mozilla et al. to the Federal Communications Commission's recent rollback of network neutrality rules. Judge Judith Rogers is out and Judge Robert Wilkins is in, according to the oral argument calendar on the court's site. There was no explanation for the switch. The original panel had been Judges Rogers, Patricia Millett and Stephen Williams, with Judge Rogers presiding. With Judge Rogers out, Judge Millett will be presiding. 

An elected official in Virginia violated the First Amendment when she temporarily blocked a constituent on Facebook, a federal appeals court ruled Jan 7, in a novel case with implications for how government officials nationwide interact with constituents on social media. The unanimous ruling from the US Court of Appeals for the 4th Circuit is the first from an appeals court to answer the question of whether free speech protections prevent public officials from barring critics from their social media feeds. The 42-page opinion addresses the Facebook page of Phyllis J.

The Federal Communications Commission’s 2018 Restoring Internet Freedom (RIF) Order reclassified broadband Internet access service from a telecommunications service to an information service, largely on the basis of an interpretation of broadband service that is fundamentally incorrect.  This reclassification gave the FCC the license not only to repeal the 2015 net neutrality rules, but to abdicate its role overseeing the broadband market.

Here’s what to expect as the fight over network neutrality enters its next act.

The three-judge panel has been picked to hear the appeal of Mozilla et al. to the Federal Communications Commission's network neutrality deregulation. According to the US Court of Appeals for the DC Circuit, the Feb 1 oral argument in the Mozilla appeal will be heard by Judges Judith Rogers, Patricia Millett, and Stephen Williams.

It's been one year since the Federal Communications Commission voted to gut its net neutrality rules. The good news is that the internet isn't drastically different than it was before. But that's also the bad news: The net wasn't always so neutral to begin with. Broadband providers didn't make any drastic new moves to block or cripple the delivery of content after the FCC's order.

The Department of Justice has reached a settlement with Nexstar Media Group, one of the largest owners of television stations in the country, as part of its ongoing investigation into exchanges of competitively sensitive information in the broadcast television industry. The Department filed an amended complaint in the case United States v. Sinclair Broadcast Group, Inc., et al., adding Nexstar Media Group Inc.

The Justice Department urged a federal appeals court to reconsider AT&T’s $85 billion acquisition of Time Warner, arguing that the judge who approved the deal in June misunderstood fundamental economic principles and ignored how AT&T could unfairly extract higher fees from rivals by threatening to black out popular TV channels. The Department of Justice delivered oral arguments in its appeal of a lower court decision that handed the agency a major defeat in one of the most closely followed antitrust trials in decades.

It seems counterintuitive that a phone line could be a "speaker." But the cable industry very much wants to ensure that the act of transmitting speech from Point A to Point B is protected by the First Amendment, so that making a cable connection carry any speech it isn’t interested in amounts to unconstitutional “forced speech.” The addition of Justice Brett Kavanaugh to the Supreme Court roster gives the industry a significant boost.