Does “Net Neutrality” Violate The First Amendment?

From Tim Andrews on Wednesday, November 11, 2009 5:16 PM

Nick Dranias, Director of The Goldwater Institute's Centre For Constitutional Government, poses the question of whether so-called “net-neutrality” (AKA government internet takeover) regulations, as proposed by FCC Chairman Genachowski, violate the First Amendment.

Mr. Dranias notes that:

“In Comcast Cablevision v. Broward County, Judge Donald M. Middlebrooks struck down a county ordinance that forced a cable company to give its competitors equal access to its communication infrastructure. Much like advocates of net neutrality argue today, the county government argued that its “open access” ordinance did not offend the First Amendment because it ensured the transmission of more, rather than less, information by more companies. Judge Middlebrooks rejected that argument, ruling that the First Amendment prohibits government from forcing owners of communication infrastructure to transmit information against their will. He also held that government has no power to force the distribution—or “circulation”—of information because “[l]iberty of circulating is not confined to newspapers and periodicals, pamphlets and leaflets, but also to delivery of information by means of fiber optics, microprocessors and cable.”

He concludes by comparing net neutrality to “forcing a printer to publish books, newspapers, periodicals, pamphlets and leaflets on the government’s terms. And when it comes to government seizing command and control over freedom of the press, the First Amendment is anything but neutral.”

Yet another reason that net neutrality is a very, very bad idea.

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You'd think that with all of our discussions ATR would get the point that the net neutrality that all of the sane people involved are arguing for is nothing close to a government takeover of the internet. I'll give one last argument, then I'm done, because we don't seem to be making any progress. The internet is substantially different from typical publishing companies, because typical publishing companies don't have natural monopolies on their services. I don't hear anyone at ATR complaining that we shouldn't regulate utilities, or that the government has taken over utility companies. Internet providers are very much like utilities, and that is why they merit some small amount of regulation.
>> Matt Friday, November 13, 2009 12:01 PM

Seriously ATR, you should advocate for the regulation of things that Matt wants regulated, but not for things that Matt doesn't want regulated. Forget any principles about property rights or free markets. Make sure you don't have any consistent positions on the proper role of government. If Matt wants it to be regulated, then it should be, and if he doesn't want it regulated, then it shouldn't be. It should work out well especially since Matt doesn't understand that there isn't a natural monopoly and that no one has been harmed by the current system. Matt, continue to wow us with your oracle-like wisdom and you will solve all of the world's problems.
>> TCH Friday, November 13, 2009 3:37 PM

Well, I see no reason to ever come back to this site. Apparently it is full of immature people who don't seem to be capable of rational debate. You're probably happy, Todd, to see me go. It's too bad, I think. The world needs more rational voices in favor of conservative values, not fanatical name callers. They do nothing to support the cause, only aggravate and encourage the liberals. I'm quite disappointed. May you grow up, Todd, before you ever have a serious job in our economy.
>> Matt Friday, November 13, 2009 5:17 PM

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Does “Net Neutrality” Violate The First Amendment?

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