From Reason:

Hansen’s bill is on shaky ground here too, says Tom Struble, an attorney and analyst at the R Street Institute.

States do have pretty wide latitude to pass their own consumer protection laws to guard against what they find to be “unfair or deceptive” practices, says Struble. What they can’t do is define “unfair or deceptive” to mirror the recently repealed net neutrality regulations.

“Any state laws that conflict with this deregulatory approach, this federal approach, are unlawful,” says Struble. That would include an explicit ban paid prioritization, a practice the FCC consciously deregulated in its order.

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