A Digital Equity Act ruling from the U.S. District Court for the District of Columbia lets the law’s competitive grant program continue, while removing its limited race-based provisions after a Trump administration challenge. The decision leaves intact a program meant to push broadband access, devices and digital skills into communities that have been underserved, while narrowing how the federal government can target discrimination in deployment.
The 2021 Digital Equity Act was written to address gaps in internet access and adoption. According to the law, minority status was one of eight nonexclusive indicators that could signal barriers to digital access. The law also separately barred discrimination in programs receiving its funds.
The Trump administration moved to dismantle the law, arguing that its race-related elements were unconstitutional and discriminatory against white people, according to Techdirt’s account of the dispute. The court did not accept a full shutdown of the act. It allowed the central grant program to survive, while finding the race-based components unconstitutional.
What did the Digital Equity Act ruling change?
The ruling keeps the Digital Equity Competitive Grant Program alive, so communities can still seek funding for digital access projects. It removes the parts of the program tied to race, which means future implementation will have to rely on other eligibility factors and anti-discrimination rules that remain in place.
The practical effect is uncertain. The law aimed, in part, at digital redlining: the pattern in which broadband providers fail to upgrade, repair or fairly price service in lower-income and minority neighborhoods. Techdirt cited prior work by the National Digital Inclusion Alliance on AT&T’s broadband deployment in Detroit and Cleveland, as well as reporting by The Markup that found minority neighborhoods were charged more for slower service than less diverse and wealthier areas.
Those examples are central to the policy fight. Broadband discrimination is not just about whether a home has an internet line nearby. It can show up as older network technology, slower speeds, worse maintenance and pricing that makes inferior service more expensive for the people with fewer alternatives.
The National Digital Inclusion Alliance, which supported keeping the program alive, called the decision a mixed result. “We are proud to have pushed to keep the Digital Equity Competitive Grant Program alive,” the group said. “This crucial program provides communities across the country not just with access or technology, but the skills, confidence, and pathways necessary to fully participate and thrive in our digital age. We fundamentally object to the government’s position that empowering Black and Brown communities is unconstitutional.”
The broader broadband fight sits alongside the Infrastructure Act’s $42.5 billion broadband deployment program and related affordability and equity measures. Techdirt reported that the Trump administration has stripped away many of those efforts and has instead directed billions toward Elon Musk’s Starlink service, while its FCC leadership has declared broadband discrimination resolved.
The court’s decision leaves the grant machinery running, which is the cleanest win for communities that still need broadband help. It also weakens one of the law’s tools for addressing racial disparities in internet access, leaving federal agencies with less room to target a documented problem directly.
This story draws on original reporting from Techdirt.
