Verizon Challenges FCC’s Open Internet Order
By Andrew Crocker — Edited by Heather Whitney
Brief for Appellants, Verizon v. FCC, No. 11-1355 (D.C. Cir. July 2, 2012)
Brief hosted by GigaOm
On July 2, Verizon, joined in part by MetroPCS, filed a brief in the United States Court of Appeals for the District of Columbia Circuit in an appeal of the FCC’s final order adopting its 2010 Open Internet Order, also known as the network neutrality rules. In the brief, the telecommunications providers argue that the FCC rules are in excess of the Commission’s statutory authority, that they violate the First and Fifth Amendments, and that they are arbitrary and capricious under the standards of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706.
Both PC World and journalist Jeff Jarvis, writing in the Huffington Post, criticize Verizon, taking particular issue with its constitutional arguments and cautioning that an ISP’s free speech rights should not trump those of its users.