This Article examines net neutrality and its impact on criminal defendants’ ability to access the courts — and justice — through access to legal information. Research in the American legal system has moved largely online, and print resources are becoming increasingly expensive and, therefore, scarcer. The move to online legal research presents difficult issues in light of the recent demise of net neutrality: If meaningful and speedy access to the Internet becomes dependent upon being able to afford an Internet “fast lane,” users will be divided into the haves and the have-nots. Criminal defendants will surely fall into the latter category, rendering their access to justice completely non-existent.

This Article will examine the legislation, regulations, and cases that brought net neutrality to the attention of the American public. It will examine how net neutrality and access to information are related, particularly in the criminal justice system. It will discuss the United States Supreme Court decisions that have impacted criminal defendants and the methods that defendants use to seek the justice and access to the courts. In detailing how the demise of net neutrality will directly harm the millions of Americans who are currently impacted by the criminal justice system — either as a defendant or as a family member or friend of one — suggestions will be made to ensure that criminal defendants retain access to justice.