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Commissioner O’Rielly Raises Another Concern about Municipal Broadband: The ‘First Amendment’

Drew Clark

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on

BROADBAND BREAKFAST INSIGHT: Critics of municipal involvement with broadband infrastructure will find all manner of reasons to oppose them, and this article from Motherboard elaborates on Federal Communications Commissioner Mike O’Rielly’s views about the subject. This appears to be an extension of the thinking that, just as cable networks enjoyed a First Amendment right to choose their programming partners, internet infrastructure networks have that same prerogative. Of course, this flies in the face of the arguments that big ISPs have no intention of blocking or throttling content. In fact, for the “First Amendment” argument to make sense, as applied to internet networks, these ISPs would have to be championing their right to block and throttle some types of content at the expense of others.

FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’, from Motherboard

The Trump FCC has declared towns and cities that vote to build their own broadband networks an “ominous threat to the First Amendment.”

The claims were made last week during a speech given at the telecom-funded Media Institute by FCC Commissioner Mike O’Rielly. In his speech, O’Rielly insinuated, without evidence, that community owned and operated broadband networks would naturally result in local governments aggressively limiting American free speech rights.

“I would be remiss if my address omitted a discussion of a lesser-known, but particularly ominous, threat to the First Amendment in the age of the Internet: state-owned and operated broadband networks,” claimed O’Rielly.

[more…]

Source: FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’ – Motherboard

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney at The CommLaw Group. He has closely tracked the trends in and mechanics of digital infrastructure for 20 years, and has helped fiber-based and fixed wireless providers navigate coverage, identify markets, broker infrastructure, and operate in the public right of way. The articles and posts on Broadband Breakfast and affiliated social media, including the BroadbandCensus Twitter feed, are not legal advice or legal services, do not constitute the creation of an attorney-client privilege, and represent the views of their respective authors.

Antitrust

Section 230 Has Coddled Big Tech For Too Long, Says Co-Author of Book on Amazon

Co-author of “The Amazon Jungle” says Section 230 has allowed Big Tech to get away with far too much.

Derek Shumway

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on

"The Amazon Jungle" co-author Jason Boyce

BROADBAND BREAKFAST INSIGHT: Critics of municipal involvement with broadband infrastructure will find all manner of reasons to oppose them, and this article from Motherboard elaborates on Federal Communications Commissioner Mike O’Rielly’s views about the subject. This appears to be an extension of the thinking that, just as cable networks enjoyed a First Amendment right to choose their programming partners, internet infrastructure networks have that same prerogative. Of course, this flies in the face of the arguments that big ISPs have no intention of blocking or throttling content. In fact, for the “First Amendment” argument to make sense, as applied to internet networks, these ISPs would have to be championing their right to block and throttle some types of content at the expense of others.

FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’, from Motherboard

The Trump FCC has declared towns and cities that vote to build their own broadband networks an “ominous threat to the First Amendment.”

The claims were made last week during a speech given at the telecom-funded Media Institute by FCC Commissioner Mike O’Rielly. In his speech, O’Rielly insinuated, without evidence, that community owned and operated broadband networks would naturally result in local governments aggressively limiting American free speech rights.

“I would be remiss if my address omitted a discussion of a lesser-known, but particularly ominous, threat to the First Amendment in the age of the Internet: state-owned and operated broadband networks,” claimed O’Rielly.

[more…]

Source: FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’ – Motherboard

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Social Media

Josh Hawley Wants To Break Up Big Tech And Revisit How Antitrust Matters Are Considered

Senator Josh Hawley talks Section 230, antitrust reform, and the Capitol riots.

Benjamin Kahn

Published

on

Josh Hawley, right, via Flickr

BROADBAND BREAKFAST INSIGHT: Critics of municipal involvement with broadband infrastructure will find all manner of reasons to oppose them, and this article from Motherboard elaborates on Federal Communications Commissioner Mike O’Rielly’s views about the subject. This appears to be an extension of the thinking that, just as cable networks enjoyed a First Amendment right to choose their programming partners, internet infrastructure networks have that same prerogative. Of course, this flies in the face of the arguments that big ISPs have no intention of blocking or throttling content. In fact, for the “First Amendment” argument to make sense, as applied to internet networks, these ISPs would have to be championing their right to block and throttle some types of content at the expense of others.

FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’, from Motherboard

The Trump FCC has declared towns and cities that vote to build their own broadband networks an “ominous threat to the First Amendment.”

The claims were made last week during a speech given at the telecom-funded Media Institute by FCC Commissioner Mike O’Rielly. In his speech, O’Rielly insinuated, without evidence, that community owned and operated broadband networks would naturally result in local governments aggressively limiting American free speech rights.

“I would be remiss if my address omitted a discussion of a lesser-known, but particularly ominous, threat to the First Amendment in the age of the Internet: state-owned and operated broadband networks,” claimed O’Rielly.

[more…]

Source: FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’ – Motherboard

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Social Media

Oversight Board Upholds Trump’s Ban From Facebook

The Oversight Board has sent the decision back to Facebook management, criticizing it for setting a “standardless” penalty.

Benjamin Kahn

Published

on

BROADBAND BREAKFAST INSIGHT: Critics of municipal involvement with broadband infrastructure will find all manner of reasons to oppose them, and this article from Motherboard elaborates on Federal Communications Commissioner Mike O’Rielly’s views about the subject. This appears to be an extension of the thinking that, just as cable networks enjoyed a First Amendment right to choose their programming partners, internet infrastructure networks have that same prerogative. Of course, this flies in the face of the arguments that big ISPs have no intention of blocking or throttling content. In fact, for the “First Amendment” argument to make sense, as applied to internet networks, these ISPs would have to be championing their right to block and throttle some types of content at the expense of others.

FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’, from Motherboard

The Trump FCC has declared towns and cities that vote to build their own broadband networks an “ominous threat to the First Amendment.”

The claims were made last week during a speech given at the telecom-funded Media Institute by FCC Commissioner Mike O’Rielly. In his speech, O’Rielly insinuated, without evidence, that community owned and operated broadband networks would naturally result in local governments aggressively limiting American free speech rights.

“I would be remiss if my address omitted a discussion of a lesser-known, but particularly ominous, threat to the First Amendment in the age of the Internet: state-owned and operated broadband networks,” claimed O’Rielly.

[more…]

Source: FCC Falsely Claims Community Broadband an ‘Ominous Threat to The First Amendment’ – Motherboard

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