In 2015 the Federal Communications Commission issued its “Open Internet Order,” which prevented Internet providers from blocking access to legal content, degrading Internet traffic on the basis of content, or favoring particular traffic over other traffic in exchange for consideration. In addition to legal challenges, the Trump administration has moved to roll back the FCC’s order through the rulemaking process. In this essay, Roslyn Layton points out that a number of states are considering adopting their own net neutrality rules if the Open Internet Order is overturned. Layton turns to the Federalist Papers for guidance as to whether such state efforts are supportable. Read more here.
The views expressed in this article do not necessarily represent the views of the Center for the Study of Federalism.