Infringing Free Speech in the Broadband Age: Net Neutrality Mandates
October 1, 2006Randolph J. May
There are many reasons why Congress should not adopt laws mandating so-called “net neutrality” for broadband Internet service providers (ISPs). But an often overlooked and underappreciated one is that such mandates would likely violate the free speech rights of the ISPs. This is a case where greater paid sensitivity to constitutional values, if not constitutional dictates, will lead to sound policy.