NET NEUTRALITY AND THE SECOND AMENDMENT
Net Neutrality and the Second Amendment — what do they have to do with each other, you might ask? A lot it turns out. Think about the continued increases in both the size and scope of the Federal Government during the last 100 years.
NET NEUTRALITY
First, what is Net Neutrality? “Net neutrality” was a term coined by Columbia University law professor Tim Wu in a 2003 paper titled “Network Neutrality, Broadband Discrimination.” I first heard of it from the tech guys when I entered the political candidate realm in 2009-2010. To sum it up, it was and is the concept that Internet Service Providers should not be allowed to throttle content to only those that they wanted, thereby stifling the free exchange of ideas and free speech. But in practice, it was a poorly disguised power grab by the Leftists in the Administrative State.
Not surprisingly, Obama seized the opportunity to use the Federal Communications Commission to silence his opposition. He tried to expand the power of the FCC to regulate ISPs in 2015 by imposing Net Neutrality rules. President Trump’s FCC Commissioner quickly rolled back those regulations. However, Biden’s minions reimposed those restrictive rules in April of 2024. Remember, the FCC only has authority over the airwaves, like radio and television, in the electromagnetic spectrum.
Sixth Circuit Decision
Those Biden rules were quickly challenged in multiple Federal District Courts. The challenges were ultimately consolidated to the Sixth Judicial District. Correctly, Circuit Judge Richard Griffin, writing for a unanimous panel, just slapped them down:
“That brings us to today. The Safeguarding Order once more imposes net-neutrality policies on Broadband Internet Service Providers by reclassifying broadband Internet as a telecommunications service subject to common-carrier regulation under Title II. 89 Fed. Reg. at 45404.3 This order—issued during the Biden administration—undoes the order issued during the first Trump administration, which undid the order issued during the Obama administration, which undid orders issued during the Bush and Clinton administrations. Cf. Loper Bright, 144 S. Ct. at 2288 (Gorsuch, J., concurring) (lamenting that “Chevron deference engender[ed] constant uncertainty and convulsive change even when the statute at issue itself remains unchanged”). Applying Loper Bright means we can end the FCC’s vacillations.”
Google, Facebook, and NetFlix were all in on those rules, looking to further monopolize the marketplace and stifle competition. However, unless appealed to the Supreme Court (or unless Congress acts to impose these bad ideas), it looks like the final nail is in the coffin of expanding the FCC’s power to regulate the internet.
This is an important decision and a major win for the First Amendment. This decision further reins in the Administrative State and protects our fundamental human rights. Think of FaceBook’s anti-gun content policies, or the Blue States attempting to outlaw 3D Printing file-sharing to stop the private production of personal firearms or other accessories.
SOMETHING TO THINK ABOUT IN 2025
As Iowans, we need to ask ourselves if we want to emulate New York City, (or nearly all Blue cities) where people are afraid to protect strangers and cower in fear over doing the right thing. Or will we stay true to our Iowa motto: “Our liberties we prize and our rights we will maintain”?
Iowans proved in 2022 that we have courage when we overwhelmingly passed The Freedom Amendment. Let’s remain a Free State where courage is celebrated, and not prosecuted like in New York.
2A LOBBY DAY AND THE IFC-PAC DINNER
2A Day on February 18th at the State Capitol is fast approaching! Don’t forget to get your tickets for the IFC-PAC BBQ Dinner that evening with Iowa Hero, Major Jeff Streucker of Black Hawk Down Fame.
Please stay Ready at All Times, and help us defend all of Iowa’s rights by renewing or joining IFC today.
Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.
Dave Funk
Member, Board of Directors
Iowa Firearms Coalition
#2A4IA
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