This didn't go anywhere yet, and I think that's reflective of a difficulty. Requiring parties engaged in providing routing services for packets (Internet service provision) not to engage in anti-competitive routing practices no more affects their first amendment rights than does requiring telephone companies to complete calls to numbers of parties who buy their telephone service from a different phone company. "Network neutrality," a phrase invented by a telco executive, is just deceptive. "Rules against anti-competitive routing" correctly describes the issue and explains why there aren't First Amendment arguments of any kind. Completing the draft will make that point clearer, I'm sure.

First Amendment- For or Against Net Neutrality?

-- By EdenEsemuede - 01 Mar 2024

Introduction + Definitions

Net Neutrality is the idea that all information on the internet is equally accessible. In a Net Neutrality landscape, Internet Service Providers cannot charge one company or entity more to show their content at higher/improved quality. For example, a net-neutral world means that Comcast cannot charge Netflix more to make their videos buffer less. From the perspective of consumers, part of protecting a person’s right to speech would also involve protecting their right to broadcast that speech equally. From a consumer perspective, Net Neutrality supports free speech. But what about from the perspective of the Internet Service Providers?

This essay will analyze some of the Internet Service Provider’s best first amendment arguments against Net Neutrality, ultimately arguing that none of them meet constitutional muster. It will begin with an analysis of Kavennaugh’s 2017 D.C. Circuit opinion. From there, it will discuss the 2018 Restoring Internet Freedom Order, and Trump’s reasons for repealing it. With any luck, this discussion will allow constitutional scholars and readers alike to recognize the merit of Net Neutrality and demand it for the sake of our right to self expression.

Body

Open Internet Order Dissent

2018 Restoring Internet Freedom Order

Conclusion

Sources

https://www.jonesday.com/en/insights/2021/04/net-neutrality-and-the-first-amendment

• #Set ALLOWTOPICVIEW = TWikiAdminGroup, EdenEsemuede
• #Set DENYTOPICVIEW = TWikiGuest