As Verizon continues to battle the FCC’s net-neutrality regulations in court, the company has argued the rules are a violation of first amendment rights. This, Brendan Sasso of The Hill reports, is not sitting well with some Democratic House members:

Three top Democrats on the House Energy and Commerce Committee wrote a letter to their colleagues on Friday, calling attention to a “troubling” constitutional argument Verizon has made in its bid to overturn net-neutrality regulations.

Democratic Reps. Henry Waxman (Calif.), Anna Eshoo (Calif.) and Edward Markey (Mass.) warned that Congress’s power to regulate the communications industry would be severely restricted if the court accepts Verizon’s claim that the net-neutrality regulations violate its First Amendment free speech rights.