Scalia’s Sharp Dissent Helped Shape Net Neutrality

Law360, Washington (February 17, 2016, 8:22 PM EST) -- Late U.S. Supreme Court Justice Antonin Scalia influenced telecom law and its leading issue — net neutrality — through strict textual interpretations, a philosophy of judicial restraint and a famously biting dissent that the Federal Communications Commission incorporated into the rationale for its Open Internet Order, experts said.

Justice Scalia’s dissent in 2005’s National Cable & Telecommunications Association v. Brand-X Internet Services — a precursor to the current challenge to the FCC’s net neutrality regulations — famously mocked the view that Internet content was the same as its delivery infrastructure. In that case, the court upheld the FCC’s determination that broadband...

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