On Friday, the D.C. Court of Appeals heard U.S. Telecomm Association v. FCC, a challenge to the FCC's much-discussed net neutrality rules. Proponents of the rule assert that it is needed to ensure that all internet traffic is treated equally, to ensure fair access to the internet and all it offers, access that is currently controlled by internet service providers. Critics of the rule claim that the FCC lacks authority to regulate the internet, that the rule violates the plain wording of the Telecommunications Act, that the White House intervention in calling for the rule violated both basic separation of powers and notice and comment requirements, and that the rule implicates free speech. Which side has the better argument?
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