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shared by kkholland on 09 Mar 10 - Cached

shared by kkholland on 01 Feb 10 - Cached

Under the FCC's proposed net neutrality rules, broadband providers would be prohibited from discriminating against any legal Web content and applications. Some net neutrality opponents have argued that the FCC, by forcing them to carry other content, would violate their free-speech rights, and the Citizens United ruling makes that a stronger argument.
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An FCC spokeswoman declined to comment on the Citizens United case, but Wendy is not alone in making this free-speech argument against net neutrality. Even before the Citizens United ruling, some conservative think tanks, the National Cable and Telecommunications Association and constitutional law professor Laurence Tribe have made similar
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Free Press' Wright said those arguments confuse the role that ISPs have as Web site publishers with their role as network operators. She acknowledged that broadband providers have limited functions, such as publishing their own Web sites or blogs, that enjoy free-speech rights.
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But the net neutrality rules as proposed would create no limits on the ability of ISPs to publish their own Web sites, she said. The arguments that the ISPs' traffic-carrying role is speech is "so fundamentally at odds with the facts in the law," Wright said.
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