WASHINGTON (Reuters Breakingviews) - An emerging alliance to defend net neutrality rules may lose some battles. But it may yet win the war. Congressional Democrats and state attorneys general are waging a campaign against a decision by President Donald Trump's administration not to require internet service providers to treat all content equally. It’s a tough legal climb. But firing up congressional and public opinion might nudge ISPs to follow the rules anyway.

Democrats on Tuesday introduced a resolution to undo last year’s controversial decision by the Federal Communications Commission to give ISPs free rein to route content at different speeds. It is just a single vote shy of being able to pass the Senate, but is likely to be dead on arrival in the House, where Republicans are more comfortably in control. So the Democrats’ real aim may be to use the proposal to drum up support in November’s congressional elections.

The legal challenges are more difficult to predict, but will probably also face an uphill battle. Nearly two dozen state attorneys general and others last week refiled petitions against the FCC’s decision. In general, courts have tended to give federal agencies the benefit of the doubt on such issues. It’s by no means a foregone conclusion, but the commission will enjoy a home-field advantage.

Other attempts could also run into trouble in the courts. Lawmakers in more than half the nation’s states have introduced legislation to reimpose net neutrality. These vary widely and ISPs may choose not to fight each one. But the judiciary has often frowned on direct attempts by states to fight FCC rules. Even bids by some governors to incentivize ISPs to adopt net neutrality may founder if the courts view them as a backdoor attempt at regulation.

Still, net neutrality advocates have good reason to be optimistic. Whatever happens in the courts, vocal supporters are winning hearts and minds. Polls show more than half of Americans support net-neutrality rules, an issue that cuts across party lines. The continuing attacks are sure to fire up activists and Congress, as well as keep the issue in the news.

The upshot is that ISPs are likely to move slowly and avoid breaking things. Debate on some of the more peripheral issues associated with net neutrality will no doubt continue. But few companies will want to face the public blowback that would be all but assured after any attempts to throttle the speed at which competitors’ content plays on devices. For net neutrality boosters, that may be the next best thing.

 

CONTEXT NEWS

- Congressional Democrats introduced a resolution on Feb. 27 to overturn the Federal Communications Commission’s decision to effectively undo rules that require internet service providers to treat content equally, known as net neutrality. The measure has attracted support from some 50 senators; 51 will be needed to pass the chamber.

- The move comes after a group of 22 state attorneys general, plus the District of Columbia, refiled legal challenges on Feb. 22 intended to challenge the FCC’s decision. The commission published its new order in the Federal Register, opening the door to such legal measures. It voted to overturn the net neutrality rules in December.

  (Editing by Antony Currie and Martin Langfield) ((christopher.beddor@thomsonreuters.com; Reuters Messaging: christopher.beddor.thomsonreuters.com@reuters.net))