FCC's Open Internet Order Won't Stand Up To The First Amendment - Forbes

(Photo credit: Wikipedia)

Is watching Netflix on the broadband Internet more like (A) watching cable television or (B) talking on the telephone? Common sense suggests the answer is “A,” and the court that overturned the previous open Internet rules chose “A”; the First Amendment demands it. The Federal Communications Commission (FCC) nevertheless chose “B.”

In the 2015 Open Internet Order, the FCC concluded the Internet is the functional equivalent of the public switched telephone network and is subject to the common carrier regulations in Title II of the Communications Act of 1934. If it had admitted the Internet offers communications capabilities that are functionally equivalent to the printing press, mail carriage, newspaper publishing, over-the-air broadcasting, and cable television combined, it would have been too obvious that its decision to classify broadband Internet service providers (ISPs) as common carriers is unconstitutional. Like all other means of disseminating mass communications, broadband Internet access is a part of the press that the First Amendment protects from common carriage regulation.

Read more:
FCC's Open Internet Order Won't Stand Up To The First Amendment - Forbes

Related articles

• AT&T Will Try To Make First Amendment Case Against Net Neutrality
• Talk To The Hand: FCC Denies Requests To Delay New Net Neutrality Rules
• The Battle Rages On: Internet Providers Sue FCC In Hopes Of Killing Net Neutrality
• Why Court Very Likely Will Stay FCC's Title II Reclassification