The right of access, the right to hear, and the right to speak: applying First Amendment theories to the network neutrality debate

Thumbnail Image
Date
2008-01-01
Authors
Barrow, Sarah
Major Professor
Advisor
Jeffrey L. Blevins
Barbara Mack
Dirk Deam
Committee Member
Journal Title
Journal ISSN
Volume Title
Publisher
Altmetrics
Abstract

Scholarship on the network neutrality debate has focused primarily on economic and technological arguments for or against regulation to protect the Internet's open and democratic qualities. Concerned that congressional discussion is similarly two-dimensional, this thesis examines the First Amendment concerns in the debate. Following Moran Yemini's 2007 paper, a matrix of possible First Amendment claims on the Internet is created. Legal case analysis identifies which of these claims are supported by Supreme Court precedent. The only potential First Amendment challenge to neutrality regulation would be broadband service providers' (BSPs') claim that the regulation infringed on their editorial rights. If regulations were brought before the Court, it would likely apply its intermediate scrutiny test from the Turner v. Federal Communications Commission cases in 1994 and 1997. Network neutrality regulation would almost certainly satisfy the Turner test, thus the Court would accept this minor infringement of BSPs' editorial rights.

Series Number
Journal Issue
Is Version Of
Versions
Series
Academic or Administrative Unit
Type
thesis
Comments
Rights Statement
Copyright
Tue Jan 01 00:00:00 UTC 2008
Funding
Supplemental Resources
Source