Verizon Playing Dangerous Game in Net Neutrality Battle

03.07.2012
It's been awhile since net neutrality has been in the headlines, but that doesn't mean the war is over--far from it. In it's renewed challenge to the net neutrality rules imposed by the FCC, Verizon is to free speech. The argument itself seems dubious, but if Verizon wins it could lead to unintended consequences it might like even less.

First, a little background on net neutrality itself. The framework of rules developed by the FCC is intended to ensure an even playing field for all on the Internet, and prevent Internet service providers (ISPs) like Verizon or Comcast from blocking certain content, or giving preferential treatment to other content.

Verizon originally in early 2011. However, that case was thrown out of court because the FCC had not yet officially defined the rules and the court ruled that Verizon couldn't sue the FCC over rules that didn't technically exist yet.

In that case, Verizon simply asserted that the FCC was exceeding the bounds of its authority. However, , "The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions." That sweeping charter appears to grant the FCC the exact authority Verizon claims it doesn't have.

This time around, Verizon is playing the First Amendment card. The challenge, essentially, is that by limiting Verizon's ability to choose which content to block or promote, the FCC is infringing on Verizon's right to free speech.

There are a couple major flaws in the argument. First, an individual's right to free speech shouldn't apply equally to a corporation. I'm not a Constitutional scholar nor a legal expert, but it seems to me that a corporation can say what it chooses as a function of the fact that the people actually saying it have an individual right to free speech. However, the corporation as an entity doesn't necessarily enjoy that same right, and--in fact--the corporation's right to free speech is already limited by rules governing false advertising or mandates to include specific text or warnings on products.