In an op-ed published in the Washington Times, Randolph J. May, President of the Free State Foundation, argues that a network neutrality bill recently introduced in the Maryland legislature would be problematic for several reasons. First, such regulation might be unlawful, since the FCC has previously determined that broadband services are interstate information services that should be largely unregulated, not telecommunications services subject to traditional public utility nondiscrimination obligations and rate regulation. Secondly, competition in broadband services is increasing without regulation in place. There have been only a few isolated "discrimination" complaints of the type Net neutrality regulation is intended to address. Finally, there may be legitimate economic reasons in the future for broadband providers to offer to prioritize traffic in some price-related way to most efficiently meet consumer demand for various types of services.

The Free State Foundation is a non-profit Maryland-based think tank. Its purpose is to promote, through research and educational activities, understanding of free market, limited government, and rule of law principles in Maryland and throughout the United States.