The U.S. Court of Appeals for the DC Circuit Court hears an oral argument in the case of Verizon v. FCC.
Verizon v. FCC is a challenge of the FCC’s final order adopting its 2010 Open Internet Order, also known as the network neutrality rules.
In the brief, Verizon argues 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.
The FCC's 2011 open Internet rules require Internet providers to treat all Web traffic equally and give consumers equal access to all lawful content, even if, for instance, it comes from a competitor or disagrees with their political views.
The FCC in its brief is arguing that Verizon is still free to express any opinion it wants on its own websites but that it doesn't have a constitutional right to restrict the Internet. "Internet access providers do not engage in speech; they transport the speech of others, as a messenger delivers documents containing speech," the FCC wrote. "Unlike cable systems, newspapers, and other media, broadband providers do not exercise editorial discretion."