Supreme Court Protects Federal Broadband Funding

High court’s 6–3 decision upholds the Universal Service Fund, E-Rate

June 27, 2025

American Library Association logo

On June 27, the Supreme Court upheld the Universal Service Fund, which funds the E-Rate program. The American Library Association (ALA) issued the following statement regarding the ruling:

The ALA applauded the Supreme Court’s 6–3 decision to uphold the Universal Service Fund (USF). The system of telecommunications subsidies administered by the Federal Communications Commission (FCC) includes the E-Rate program, which provides libraries and schools billions of dollars each year for broadband access and connectivity. More than half of all public libraries apply for funding to subsidize the cost of internet connectivity through E-Rate each year.

ALA President Cindy Hohl said, “ALA applauds the Supreme Court’s decision to uphold the USF and thus preserve the E-Rate program, which is a lifeline for public libraries and millions of Americans, especially in rural and underserved communities.

“Roughly 20 percent of US households still lack access to home broadband. E-Rate funding for affordable, high-speed internet at libraries and schools increases access and opportunity for families and individuals on the wrong side of the digital divide and ensures sustainability for the essential services libraries provide. Today’s ruling protects equitable access to broadband connectivity through libraries and the opportunities it affords for education, employment, and civic participation in the modern era.”

The justices announced the ruling in the combined cases of FCC v. Consumers’ Research and Schools, Health, & Libraries Broadband Coalition v. Consumers’ Research, reversing the Fifth Circuit Court’s finding that the USF programs, including E-Rate, were unconstitutional. The Supreme Court’s decision marks a major milestone in a yearslong challenge to USF. In January, ALA filed an amicus brief in the proceeding in support of the program and joined other advocates and champions in defending the fund.

“Since the program was established in 1996,” Hohl said, “E-Rate has transformed and revolutionized access to information. Virtually all libraries in the country now have high-speed broadband, which powers modern library services that range from online tutoring and employment assistance to telehealth appointments.

“Over the program’s 30-year history, ALA has worked closely with the FCC to make improvements, reduce barriers for library applicants, and ensure that E-Rate continues to meet the evolving technology and access needs of K–12 students and library patrons.

“Throughout the litigation process, ALA has been encouraged to see widespread support for E-Rate and other USF programs from Congress, state and local leaders, the applicant community, and beyond. We must continue to work with partners and national leaders to ensure that the USF remains a sustainable, predictable, and long-term source of funding and access for decades to come.”

For more information, visit ALA’s E-Rate page. For those attending ALA’s 2025 Annual Conference in Philadelphia, learn more about the decision at a Show Up for Our Libraries panel session presented by ALA’s Public Policy and Advocacy Office staff on Saturday, June 28, 4–5 p.m.

Updated: June 28, 2025, to correct the case title Schools, Health, & Libraries Broadband Coalition v. Consumers’ Research.

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