“Supreme Court Case Threatens Internet Access in Libraries”
The Supreme Court was captured in a photograph on March 17 in Washington, DC. – Win McNamee/Getty ImagesLast month, when schools in Kentucky shut down due to severe flooding, students found refuge at the Bullitt County Public Library seeking internet access. Some students lacked high-speed internet connections at home, so the county library, like many others nationwide, has relied on a federal program that now faces significant changes due to the Supreme Court.”Internet access is crucial,” remarked Tara O’Hagan, the library’s executive director. “In Bullitt County, there is a noticeable digital divide.”The upcoming Supreme Court case, scheduled for Wednesday, has the potential to impact libraries, schools, and hospitals financially. With nearly 10% of US households lacking broadband internet, the program aimed at bridging this gap is entangled in a longstanding power struggle over federal agencies. The conservative-leaning Supreme Court, with a 6-3 split, has consistently restricted the authority of federal agencies to act without clear congressional approval.A conservative “consumer awareness group” is contesting the $7 billion Universal Service Fund, established by Congress in 1996 to assist low-income Americans with phone and internet services. Critics argue that the system is overly bureaucratic and infringes on constitutional principles like the nondelegation doctrine, which prohibits Congress from assigning its authority to federal agencies.Telecommunications companies are required by Congress to contribute billions to the fund, a cost typically passed on to consumers. Critics claim that this indirect taxation by the Federal Communications Commission is problematic, especially since the fund’s management is outsourced to a private entity.”No one wants to shoulder the responsibility for these taxes,” said Trent McCotter, an attorney at the Boyden Gray law firm opposing the government in the case. He suggests that funding such programs through regular congressional appropriations would benefit schools and libraries in the long term.”The Universal Service Fund is facing a downward spiral of escalating rates and diminishing returns, which could lead to its collapse,” McCotter told CNN. However, advocates argue that ongoing congressional gridlock could threaten vital programs like E-Rate and Lifeline that provide internet access to millions of Americans, particularly low-income individuals.”The impact would be most severe on low-income individuals, who lack the influence of large corporations,” noted John Heitmann, counsel for the National Lifeline Association, representing companies connecting about 8 million households to subsidized phone and internet services through the fund.A ruling is anticipated by the end of June.The Supreme Court’s conservative majority has been steadily chipping away at the authority of federal agencies in recent years, culminating in a 6-3 decision last year that overturned a longstanding 1984 precedent requiring deference to agency regulations in many cases. Chief Justice John Roberts emphasized the need to limit the power of the ‘administrative state’ that grew substantially following the New Deal era.
In recent years, there has been a shift in the balance of power between agencies and courts, with concerns raised about agencies potentially overstepping their bounds. This change was highlighted by a significant ruling in 2022 that introduced the major questions doctrine, preventing agencies from implementing rules with significant economic or political consequences without explicit approval from Congress. The next focus is on the nondelegation doctrine, which aims to restrict both Congress and agencies from delegating their authority too broadly.
While the Supreme Court has not directly applied the nondelegation doctrine since the 1930s, there is a growing push, particularly from conservative groups, to reassert its importance in maintaining the separation of powers. These groups argue that the current delegation practices have allowed agencies to make decisions that should rightfully be within the purview of elected lawmakers.
The debate over agency power has become increasingly politicized, with conservative groups challenging various policies of the Biden administration. However, a specific case, FCC v. Consumers’ Research, presents a more nuanced situation. The Biden administration is appealing a ruling from the 5th US Circuit Court of Appeals, while the Trump administration has not deviated from its stance. The Justice Department has emphasized the historical reliance on the court’s approach regarding agency authority in enacting legislation.
Amidst these legal battles, programs funded through the Universal Service Fund have faced scrutiny over their effectiveness. Some advocates acknowledge concerns about the long-term viability of the fund, yet they remain hopeful that President Trump will support these programs, which are vital in rural communities. Efforts to expand digital access, such as the Affordable Connectivity Program, have faced challenges due to lapses in funding.
For communities like those served by O’Hagan’s library and the Sheridan County School District #3, these programs are crucial for providing internet access to vulnerable members. The E-Rate program, highlighted in the ongoing legal discussions, plays a key role in bridging the digital divide and supporting educational initiatives in these areas.
Chase Christensen, the superintendent of Sheridan County School District #3 in Wyoming, informed CNN that the E-Rate program assists his district in covering the costs of providing broadband internet access to students. According to Kimonas Patiniotis, this program covers 20% of the expenses related to managing the school’s internal internet network.
Similarly, Tara O’Hagan, the executive director of Bullitt County Public Library in Kentucky, relies on the E-Rate program to fund internet access at multiple branches. Tara O’Hagan emphasized the program’s role in making internet services more affordable for her organization.
Christensen expressed gratitude for the E-Rate program’s financial support, stating that it allows schools to allocate resources towards classroom activities rather than infrastructure expenses. The E-Rate program distributed approximately $3.26 billion in discounts for interconnectivity in 2024, benefiting over 106,000 schools in the past two years. The program has been instrumental in supporting various educational institutions, as highlighted by a brief submitted to the FCC by the School Superintendents Association and the National Association of Secondary School Principals, among others.
Noelle Ellerson Ng from the superintendent’s group noted that schools often utilize internet resources for purposes beyond teaching and learning, such as powering security systems or controlling the school environment. The Lifeline program, overseen by Danielle Perry from TruConnect, helps low-income individuals access better employment opportunities, telehealth services, and stay connected with their families.
Perry emphasized the importance of internet connectivity for all individuals, highlighting the essential role it plays in daily activities. To stay updated on more news and newsletters from CNN, users can create an account on CNN.com.
