Net Neutrality Mandates: Neutering the First Amendment in the Digital Age

There are many reasons why Congress should not adopt new laws mandating so-called net neutrality for broadband internet service providers (“ISPs”). One often overlooked and underappreciated reason is that net neutrality requirements may violate the First Amendment free speech rights of ISPs such as AT&T and Comcast Corporation. In this instance, greater sensitivity to constitutional values, if not outright constitutional dictates, will lead to sounder communications policy than if such values are ignored.

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