Will the FCC be sued over network neutrality? Let’s hope so.

[Commentary] The fear of judicial review is forcing the Federal Communications Commission to think carefully about its upcoming network neutrality decision, to craft rules that do not overreach in pursuit of their stated objectives, and to support those rules with strong legal arguments and adequate evidence to justify the agency’s conclusions. Only the inevitable court decision will determine whether the agency will be successful. But the public unquestionably benefits when the “big dogs” -- on both sides of the fight -- are willing to pay the price to test agency action under the scrutiny of judicial review.
[Lyons is an associate professor at Boston College Law School]