Net Neutrality Could Become The Biggest Face-Off On Corporate Speech Since Citizens United

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Publish Date:
September 28, 2015
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The Washington Post
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Summary

Professor Barbara van Schewick is noted for her efforts in “challenging the idea that Internet providers are capable of free speech” in this Washington Post article. 

Do Washington’s net neutrality rules run roughshod over the First Amendment?

That’s what some opponents have been arguing — claiming that the government’s regulations infringe on Internet providers’ right to free expression. Now, in a flurry of responses to that charge, defenders of the rules appear eager for the biggest showdown over the meaning of corporate speech since the Citizens United case.

Others are challenging the idea that Internet providers are even capable of speech. As pipes that carry consumers’ Web traffic to and fro, Internet providers are just a “conduit” for people’s speech, according to a group of academics including Harvard’s Lawrence Lessig and Yochai Benkler, and Stanford’s Barbara van Schewick.

“It follows that when the Open Internet Rules require providers to carry others’ speech, they do not require the providers themselves to speak,” they argue in their own brief.

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