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For Immediate Release
January, 02 2025, 02:19pm EDT
Contact:
Timothy Karr: 201-533-8838,,tkarr@freepress.net
6th Circuit Wrongly Rejects Federal Jurisdiction Over Essential Broadband Internet Access Services
On Thursday, a three-judge panel for the U.S. Court of Appeals for the 6th Circuit ruled against the Federal Communications Commission's 2024 Net Neutrality rulemaking, which empowered the agency to protect internet users against all manner of abuse by major broadband internet access providers like AT&T, Comcast and Verizon.
In April, the FCC reinstated its Title II authority over broadband-internet access. This authority empowers the agency to hold powerful telecommunications companies accountable for providing service on just, reasonable and nondiscriminatory terms to internet users throughout the United States. It also serves as the basis for the FCC’s Net Neutrality rules, which prohibit those companies from blocking, slowing down, or charging extra for the internet content and applications their broadband customers choose.
In September, Free Press filed a brief in the case supporting the FCC's April ruling. The brief — filed jointly with the Benton Institute, the National Association of Regulatory Utility Commissioners, the Open Technology Institute and Public Knowledge — focused on the legal precedent and economic analysis supporting the Commission’s decision, showing the wisdom of and the need for the FCC’s jurisdiction over the essential telecommunications platform of our time.
The 6th Circuit ruled nevertheless that broadband internet access service should be classified as a Title I “information service” under the Communications Act. The court rejected the Biden FCC’s argument that broadband should be classified as a “telecommunications service,” subject to the FCC’s mandates and authority in Title II of the Act to ensure service on an equitable and nondiscriminatory basis.
Free Press Vice President of Policy and General Counsel Matt Wood said:
“Beyond being a disappointing outcome, today’s 6th Circuit opinion is just plainly wrong at every level of analysis. The decision missed the point on everything from its granular textual analysis and understanding of the broader statutory context, to the court’s view of the legislative and agency history, all the way to its conception of Congress’s overarching policy concerns.
“Unfortunately, this result also shows why the industry suing the FCC was so eager to engage in forum-shopping to get this case away from the federal court in Washington, D.C. — which had developed deep expertise on broadband issues during prior rounds of litigation.
“In April, the FCC issued an order that properly restored the agency’s congressionally granted oversight authority to protect people from any ISP discrimination and manipulation. That common-sense FCC order tried to ensure that the companies providing America with the essential communications service of this century don’t get to operate free from any real oversight.
“These companies baselessly claim that any regulation will hurt their bottom-line. As Free Press has shown repeatedly, treating broadband like a common-carrier service does nothing to dampen or dissuade private investment in this crucial infrastructure. And the question for any court interpreting the Communications Act must be what is in the public’s best interest, not just one industry sector’s financial interests.
“Today’s decision will let the incoming Trump FCC abdicate its responsibility to protect internet users against unscrupulous business practices. It’s rich to think of Donald Trump and Elon Musk’s hand-picked FCC chairman characterizing light-touch broadband rules as heavy-handed regulation, while scheming to force carriage of viewpoints favorable to Trump on the nation’s broadcast airwaves and social media sites.
“With today’s ruling, the 6th Circuit has for now denied the public the internet access service that it deserves — one that is affordable, reliable, safe, accessible, and free from unlawful discrimination. Despite this setback, Free Press will continue to fight — in the courts, in Congress, and everywhere — for an open, fair, and free communications network for all.”
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
(202) 265-1490LATEST NEWS
After More Private Social Security Data Exposed by Team Trump, Where Will GOP 'Draw the Line'?
"Over and over again, the Trump administration is exposing private Social Security data," said one watchdog group who called the leak of personal information "a goldmine for identity thieves" and other fraudsters.
May 03, 2026
A newly reported failure of the Trump administration's ability to handle sensitive private information within the social programs it is tasked with operating triggered a fresh wave of anger of the weekend after it came to light that the Social Security numbers of healthcare providers were made public as part of a faulty Medicare portal rollout.
The Washington Post discovered the compromised database and alerted the administration last week, before publishing a story about its discovery on Friday after efforts had been made to protect the sensitive information from further compromise.
According to the Post:
The Centers for Medicare and Medicaid Services (CMS) last year created a directory to help seniors look up which doctors and medical providers accept which insurance plans, framing it as an overdue improvement and part of the Trump administration’s initiative to modernize health care technology.
But a publicly accessible database used to populate the directory contains some of the providers’ Social Security numbers, linked to their names and other identifying information. For at least several weeks, CMS made the database available for public use as part of its data transparency efforts.
While the reporting noted that the files were "not immediately visible to users who [visited] the provider directory," lawmakers and experts said the compromised information would be a treasure trove for fraudsters.
“The more we learn about how the Trump Administration handles the people’s most sensitive data, the clearer their incompetence becomes."
Critics pounced on the new reporting, calling it "yet another mess-up by the Team Trump" and only the latest evidence that the administration cannot and should not be trusted to protect the nation's most successful anti-poverty programs or the sensitive personal data of the American people who entrust the government with that information.
"Over and over again, the Trump administration is exposing private Social Security data," said Social Security Works, an advocacy group that serves as a public watchdog for the nation's social programs.
The compromised database, said the group, "is a goldmine for identity thieves, scammers, and foreign governments. And it is undermining the very foundation of our Social Security system."
"This is a failure by this administration," said Sen. Ruben Gallego (D-Ariz.) in response to the reporting. "Exposing Social Security numbers, whether patients or providers, is unacceptable."
Rep. Richard Neal (D-Mass.), the ranking member on the House committee which overseas the Medicare program, put the onus on his Republican colleagues in Congress.
“The more we learn about how the Trump Administration handles the people’s most sensitive data, the clearer their incompetence becomes,” Neal told the Post in a statement. “Do House Republicans need to see their own data exposed before they do right by their constituents and act?”
In March, as Common Dreams reported at the time, a whistleblower filed a complaint from with the Social Security Administration accusing a former staffer with Trump's Department of Government Efficiency (DOGE), run for a time by right-wing billionaire Elon Musk, of trying to share information from SSA databases with his private employer.
Since the outset of Trump's second term, DOGE's meddling with Social Security and Trump's undermining of the program have been the source of deep anger and concerns by the program's defenders.
In a social media post on Saturday citing the whistleblower allegations from March, Rep. John Larson (D-Conn.) said, "For more than a year, 'DOGE' has been combing through the American people's records. They want to use your data to overturn elections and profit in the private sector. Enough! This administration must be held accountable for this massive data breach!"
On Friday, responding to the Post's new reporting about the compromised database of physicians' private information, Larsen condemned for Republicans for their ongoing and pervasive failures in the face of Trump's malfeasance and incompetence.
DOGE, said Larsen, "has been in your data for more than a year. We just learned that physicians' Social Security numbers were publicly exposed in an online portal launched by ‘DOGE’ officials."
"If this isn't enough for Republicans to act," he asked, "where will they draw the line?"
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'The World Is Proud of You, Guido': American Peace Activist Honored in Iranian Lego Video
"Your dignity stands taller than the place you stood, and it will live forever in our memory."
May 02, 2026
Explosive Media, one of the independent outfits generating the viral videos about the war in Iran, created a short piece on Saturday to honor the American father of two who climbed atop a bridge in the Washington, DC this weekend to demand an end to the conflict.
"In honor of Guido Reichstadter, the man who climbed the Frederick Douglass Memorial Bridge to make his voice of protest heard," the group said in a post alongside the video short. "Your dignity stands taller than the place you stood, and it will live forever in our memory."
As Common Dreams reported, Reichstadter climbed the bridge wearing a t-shirt that simply read "End War" beginning on Friday afternoon, remained in protest overnight, and told one reporter he intends to remain "for a few days at least."
In honor of Guido Reichstadter,
the man who climbed the Frederick Douglass Memorial Bridge to make his voice of protest heard.
Your dignity stands taller than the place you stood,
and it will live forever in our memory. 🫡🏔️ pic.twitter.com/WANYzS7kIh
— Explosive Media (@ExplosiveMediaa) May 2, 2026
Reichstadter said he climbed the 168-foot-tall bridge “because the government of the United States is engaged in acts of mass murder in my name. And I refuse to be complicit in that.”
"The world is proud of you, Guido," Explosive Media said in a separate post on social media. "Soon, side by side, we will celebrate peace and victory together."
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Mifepristone Maker Appeals to US Supreme Court Amid Fears of 'National Abortion Ban'
"The safety of mifepristone has never actually been in question," said one advocate. "As this case moves towards the US Supreme Court, we will fight until every person has access to the care they need."
May 02, 2026
A pharmaceutical company which manufactures mifepristone filed an appeal to the US Supreme Court on Saturday asking for emergency relief from the "sweeping and dangerous" lower-court ruling Friday that would prohibit the mailing of the widely used abortion medication nationwide.
Danco Laboratories, which makes the popular drug and is part of ongoing litigation stemming from a legal challenge by the Republican-controlled state of Louisiana, said Friday's ruling by the Fifth Circuit of Appeals—a decision roundly condemned by reproductive rights advocates as an attack on women's health and the right to choose across the country—will cause "tremendous uncertainty" on the "legal status of mifepristone throughout the country” if it goes into effect.
The company further argued that the ruling as it stands leaves medical providers, patients, and pharmacies “all to guess at what is allowed and what is not," whether or not abortion is legal in the state where a patient is trying to obtain it.
The company asked the nation's highest court for an immediate administrative stay to the 5th Circuit's ruling while the challenge to the drug's availability makes its way through lower courts. It also urged the Court to take up the case itself prior to the upcoming summer recess.
According to Politico:
Even a temporary disruption of access to mifepristone will have massive implications. The medication is used in nearly two-thirds of all pregnancy terminations, and a quarter of patients depend on telehealth to obtain them. The ruling also cuts off telemedicine prescription of the drug for non-abortion purposes, such as easing miscarriages.
In the wake of Friday’s ruling, medical and progressive advocacy groups stressed that doctors can still use telehealth to prescribe the other abortion pill — misoprostol. The drug can be used on its own to end pregnancies and carries fewer restrictions because it is used for an array of other purposes, including treating ulcers and stopping hemorrhages.
Skye Perryman, president and CEO of Democracy Forward who also the legal effort to make mifepristone available by mail during the COVID-19 pandemic as then-Chief Legal Officer and General Counsel of the American College of Obstetricians and Gynecologists, issued the following statement
“Women’s ability to access mifepristone through the mail or from their pharmacy has revolutionized access to care. Now, as anti-abortion extremists seek to employ their anti-abortion playbook and reverse this hard-fought victory for patients, this decision needlessly blocks people around the country from critical healthcare, discriminating in particular against those who live in rural and other areas where healthcare is inaccessible.
"Here's what is very clear: mifepristone has an OUTSTANDING safety record," said the Center for Reproductive Rights on Saturday. "It has been FDA-approved for 25 years and used by more than 7 million people."
Following Friday night's ruling by the 5th Circuit, Mini Timmaraju, president and CEO of the advocacy group Reproductive Freedom for All, said the stakes could night be higher for the right to choose in the United States.
"The court’s decision moves us one step closer to a national abortion ban," Timmaraju warned.
"It is now much more difficult for people to access abortion care," she said. "Anti-abortion politicians know their policies are unpopular, so they are using every lever of government they can. Louisiana built this case on debunked, junk science. The safety of mifepristone has never actually been in question. As this case moves towards the US Supreme Court, we will fight until every person has access to the care they need."
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