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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: 0, Flamebait) by Anonymous Coward on Sunday July 15 2018, @06:22AM (3 children)
You're not capable of understanding liberty. You start from some very simple premises and then stop. You are a low grade useful idiot and you are helping push forth a fascist society. This is made more tragic by the fact you believe you are supporting liberty. Sorry cuck, the elites have seeded you with their antichrist baby and left you at the altar.
(Score: 1, Flamebait) by The Mighty Buzzard on Sunday July 15 2018, @06:54AM (2 children)
You try so hard only to fail so miserably. Poor little AC, you have my pity.
My rights don't end where your fear begins.
(Score: -1, Flamebait) by Anonymous Coward on Sunday July 15 2018, @07:27AM
Aww, you're such a sweet guy. I'm glad I've gotten to know you over these past few years. If only the country had more true patriots like you! I will sleep well tonight knowing that TMB is looking over me.
(Score: -1, Flamebait) by Anonymous Coward on Sunday July 15 2018, @08:34PM
You don't have to try at all.