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Submitted via IRC for Fnord666
President Trump's Supreme Court nominee argued last year that net neutrality rules violate the First Amendment rights of Internet service providers by preventing them from "exercising editorial control" over Internet content.
Trump's pick is Brett Kavanaugh, a judge on the US Court of Appeals for the District of Columbia Circuit. The DC Circuit twice upheld the net neutrality rules passed by the Federal Communications Commission under former Chairman Tom Wheeler, despite Kavanaugh's dissent. (In another tech-related case, Kavanaugh ruled that the National Security Agency's bulk collection of telephone metadata is legal.)
While current FCC Chairman Ajit Pai eliminated the net neutrality rules, Kavanaugh could help restrict the FCC's authority to regulate Internet providers as a member of the Supreme Court. Broadband industry lobby groups have continued to seek Supreme Court review of the legality of Wheeler's net neutrality rules even after Pai's repeal.
[...] Consumers generally expect ISPs to deliver Internet content in un-altered form. But Kavanaugh argued that ISPs are like cable TV operators—since cable TV companies can choose not to carry certain channels, Internet providers should be able to choose not to allow access to a certain website, he wrote.
"Internet service providers may not necessarily generate much content of their own, but they may decide what content they will transmit, just as cable operators decide what content they will transmit," Kavanaugh wrote. "Deciding whether and how to transmit ESPN and deciding whether and how to transmit ESPN.com are not meaningfully different for First Amendment purposes."
Kavanaugh's argument did not address the business differences between cable TV and Internet service.
(Score: 3, Insightful) by ilPapa on Sunday July 15 2018, @06:20AM (8 children)
I guess you don't know what "federalism" means. I guess they don't teach United States civics over there.
You are still welcome on my lawn.
(Score: 3, Redundant) by The Mighty Buzzard on Sunday July 15 2018, @06:52AM (4 children)
I know precisely what it means. I even understand how it's been used in context throughout our history. You obviously do not.
My rights don't end where your fear begins.
(Score: 2) by ilPapa on Sunday July 15 2018, @03:38PM (3 children)
Then why would you think federalism is the opposite of "states rights"?
You are still welcome on my lawn.
(Score: 1, Informative) by Anonymous Coward on Sunday July 15 2018, @11:15PM (2 children)
It could be that our resident carrion bird is thinking of the Federalist and Anti-Federalist Papers. This was an early partisan division in the aftermath of the (American) Revolutionary War. At that time, the Articles of Confederation were the law of the land, which created an entity that is perhaps best compared to the modern-day EU. The early nation was quickly lead to a series of crises arising from conflicts between the Several States (the thirteen colonies). The proposed solution was a federalist solution, which would create a stronger federal government to supersede the Articles.
The solution was eventually ratified in the form of the modern United States Constitution. Therefore, federalism may be seen as the antithesis of states' rights, as the States were required to (voluntarily) give up additional sovereignty during the ratification of the Constitution.
For some light reading, The Federalist Papers [gutenberg.org] may be found on Project Gutenberg. See also The Anti-Federalist Papers [utulsa.edu].
(Score: 0) by Anonymous Coward on Monday July 16 2018, @02:19AM
Thank you for that, i started to do a little research but couldnt maintain the motivation and didnt want to talk out my ass.
(Score: 2) by The Mighty Buzzard on Monday July 16 2018, @05:57PM
On the nose. Gracias. I've been too busy to play.
My rights don't end where your fear begins.
(Score: 2) by coolgopher on Sunday July 15 2018, @09:42AM (2 children)
That word looks suspiciously like "feudalism"...
(Score: 2) by aristarchus on Sunday July 15 2018, @09:08PM (1 child)
The Mightbe Buzzard is just feeling, ya know, guilty, I guess.
(Score: 0) by Anonymous Coward on Sunday July 15 2018, @11:17PM
If only it were possible, but sadly most sociopaths are incapable.