On December 16, 2024, the Supreme Court declined to review a Second Circuit decision in a preemption case affecting the internet. The denial was a setback for WLF, which  joined TechFreedom on an amicus brief urging the court to clarify that Congress excluded broadband from rate regulation and other forms of common-carrier regulation by the States. In its brief urging review, WLF contended that under the Second Circuit’s reasoning, States could impose market entry or exit requirements, rate regulations, and many other onerous regulations on email, text messaging, and much more. That would be a disaster for the internet, for technological progress, and for society.

Documents

Supreme Court cert-stage brief

Second Circuit amicus brief