“Net Neutrality Down, Freedom of Information Fading”

**The End of Net Neutrality and the Rise of Judicial Activism**

The Sixth Circuit Court of Appeals recently struck down the Biden administration’s rules to prevent internet service providers from favoring certain apps or websites over others, marking a major setback for net neutrality advocates. The decision underscores a broader concern: the increasing influence of judicial activism in policy-making, particularly in areas where legislative ambiguity is high and consumer protections are at stake.

**What is Net Neutrality?**

Net neutrality is the principle that internet service providers (ISPs) should not discriminate against certain websites, content, or users, nor should they prioritize certain types of traffic over others. This principle has been a cornerstone of internet freedom, allowing users to access a level playing field and diverse online experiences.

**The History of Net Neutrality**

In 2010, the Federal Communications Commission (FCC) introduced rules to protect net neutrality, but these were repealed in 2017 under the Trump administration. The 2020 Biden administration attempted to reinstate these protections, but the Sixth Circuit Court of Appeals has now overturned them.

**The Devastating Consequences of Chevron Deference**

The Supreme Court’s decision in **Loper Bright Enterprises v. Raimondo** ended Chevron deference, a doctrine requiring courts to defer to regulatory agencies when interpreting ambiguous laws. In its ruling, the Sixth Circuit cited this case to justify its own interpretation of the net neutrality statute, effectively substituting its judgment for that of the FCC. This new precedent has far-reaching implications, as courts may now take on the role of policy-making bodies, rather than deferring to the expertise of regulatory agencies.

**What This Means for the Future of Policy**

The implications of the Sixth Circuit’s decision are alarming. The court’s willingness to disregard Chevron deference sets a precedent for judicial activism in multiple areas, including:

* Tech policy: With the end of net neutrality, internet users may face restrictions on accessing online content and services.
* Environmental policy: The court’s approach may lead to less stringent regulations on pollutants and environmental degradation.
* Healthcare policy: The court’s decision may impact access to healthcare services, particularly for vulnerable populations.
* Other consumer protections: The ruling could undermine regulations in areas like financial services, education, and more.

**What Can Be Done?**

Critics argue that Congress can pass a bill explicitly granting regulatory agencies the authority to interpret laws. However, in a GOP-led legislature, this seems unlikely. The **Loper Bright** ruling makes it clear that the courts are now the primary drivers of policy, further concentrating power in the hands of judges rather than experts in the relevant fields.

**FAQs**

* **Q: What was the outcome of the Sixth Circuit Court of Appeals’ decision on net neutrality?**
A: The court struck down the Biden administration’s rules to prevent internet service providers from favoring certain apps or websites over others.
* **Q: What does the end of Chevron deference mean for policy-making?**
A: It allows courts to interpret laws and set policy, rather than deferring to regulatory agencies.
* **Q: How might this ruling impact other consumer protections?**
A: The decision could undermine regulations in areas like financial services, education, and healthcare, with long-term effects on access to services and opportunities for vulnerable populations.

**Conclusion**

The Sixth Circuit Court of Appeals’ decision marks a turning point in the battle for net neutrality and highlights the broader trend of judicial activism in policy-making. As the courts take on a more prominent role in shaping regulations, the very fabric of our society may be at risk. Will Congress pass legislation to regain the balance of power, or will we see the further erosion of consumer protections?