On August 14, 2024, WLF joined TechFreedom on an amicus brief urging the Sixth Circuit to vacate the FCC’s latest effort to impose heavy-handed regulation on the Internet. As the brief explains, the FCC lacks the statutory authority to impose Title II common-carrier status on broadband service providers. Under the major questions doctrine, the people’s representatives in Congress must make all important policy decisions themselves. With its latest power grab, the FCC is seeking to answer a major policy question—but it lacks clear authority to do so. Simply put, Congress has not granted the FCC clear authority to place broadband under Title II.
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