Libertarians make the case: net neutrality is unconstitutional
Argue that forcing ISPs to carry all traffic infringes on freedom of speech.
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Specifically, the groups say that compelling private companies to “speak,” by requiring them to carry all traffic across their networks, instead of allowing them to discriminate as they see fit, violates the principle of freedom of speech.
“When you allow the government to say that a private operator has to treat all speech equally and cannot refuse to carry some speech—our view is the First Amendment jurisprudence [stipulates] that the government can’t compel a speaker,” said Randolph May, in a call with Ars on Tuesday morning. May is president of the Free State Foundation; he is also an attorney, law professor, and former associate general counsel at the FCC.
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