St. LOUIS, MO — Lawyers’ Committee for Civil Rights Under Law and the FCC argued Wednesday before the Eighth Circuit Court of Appeals in defense of new rules prohibiting discrimination by broadband providers. The rules, issued by the Federal Communications Commission, would facilitate equal access to broadband and prohibit disparate impacts on the basis of race and income.
As major telecom companies sue to block these protections, this case could determine whether millions of Black and low-income families gain equal access to high-speed internet – a necessity for education, employment, and daily life in the 21st century. The case is Minnesota Telecom Alliance v. FCC (No. 24-1179).
David Brody, director of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law, who argued today before the court on behalf of intervenors Media Alliance and Great Public Schools Now, remarked after the hearing that, “The FCC’s digital discrimination rules are essential for closing the digital divide – itself a relic of segregation and redlining. Equal access to broadband is a prerequisite to realizing the economic, intellectual, and cultural power that the internet offers to everyone in the United States.”
At the hearing, telecom companies argued that the digital discrimination statute should only cover intentional discrimination and not disparate treatment. However, the Lawyers’ Committee and FCC refuted that argument, pointing to Supreme Court precedent that says that anti-discrimination laws must be interpreted to cover disparate impact when they are results-oriented, do not focus on the mindset of actors, and disparate impact would fulfill the purpose of the statute. All of these factors weigh in favor of disparate impact, Lawyers’ Committee argued. Brody argued that Congress said the purpose of the law was to “ensure that all people of the United States benefit from equal access to broadband,” and commanded the FCC to “adopt rules to facilitate equal access to broadband,” and that these goal-oriented phrases indicate Congress intended disparate impact coverage. Marc Epstein, senior counsel with the Digital Justice Initiative at the Lawyers’ Committee, argued that the FCC needed to strengthen procedural rights for consumers and revisit a safe harbor for certain types of broadband providers.
Tracy Rosenberg, executive director, Media Alliance, one of the intervenors, said, “For far too long, where broadband is and how much it costs have echoed historical patterns of discrimination in this country. If we don’t act to end these inequities, regardless of the reasons for their existence, we risk losing a generation to tech redlining. The stakes are high and the FCC recognized this with their historic digital discrimination rulemaking which focused on impact and outcomes, not intentions. Broadband access is essential for full engagement in education, the workforce and democracy. We must end the excuses and deliver broadband for all now. “
Media Alliance and Great Public Schools Now are nonprofit organizations fighting for digital equity and broadband access in California. Media Alliance represents independent journalists and advocates for closing the digital divide. Great Public Schools Now seeks to expand broadband access for low-income schools and families in the Los Angeles County School District.
An audio recording of the oral argument is available here: http://media-oa.ca8.uscourts.gov/OAaudio/2024/9/241179.MP3.
Please see this brief Lawyers’ Committee filed in the case: https://www.lawyerscommittee.org/wp-content/uploads/2024/07/2024-07-05-Brief-Filed-dckt.pdf
###
Contact: Lacy Crawford, lcrawford@lawyerscommittee.org
The lawyers and intervenor organizations are available for interviews upon request.
