Friday, December 11, 2009

Net Neutrality and the First Amendment

This is going to be a short casual Casual Observation concerning the amorphous "them" who believe that net neutrality will violate the First Amendment. See the post Net Neutrality Regulation & the First Amendment by Adam Thierer. The claim is that the "evil" regulators are out to squelch freedom of speech. This whole analysis by Thierer is astonishingly simplistic and biased.

It is simplistic and biased since it seems to purposely overlook the attempts of the private sector to employ the power of the State to squelch freedom of speech. For example, TechDirt reports that: "Tiger Woods Gags UK Media; Alerts World To Nude Photos". Now, if that example seems a bit off topic, this article is a bit closer: "Anti-Piracy Group Says That Just Talking About File Sharing Should Be Illegal". Even closer to the point: "AT&T Whines To FCC That Google Voice Violates Net Neutrality".

Now if the ani-net neutrality folks are so adamant about protecting freedom of speech, why do they not expose the efforts of the private sector to use the power of the State to deny freedom of speech?

Of course there is a companion question (that I will not be delving into at the moment) concerning the efforts of the private sector to lobby the "evil" regulators to pass laws favorable to their self interests. So when this type of lobbying occurs, why doesn't the anti-net neutrality crowd whine about this form of abomination?

My take, the anti-net neutrality crowd, despite their supposed defense of free speech, are surreptitiously promoting corporatism.

As an aside, Julian Sanchez has an excellent article: "The Virtual Fourth Amendment". Concerning the complexities related to the collection of private information. I had hoped to integrate this into today's post, but it will have to wait for a later day.

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