Sunday, March 15, 2015



The Federal Communications Commission needs grammar lessons

The latest burst of "wisdom":

Among its many determinations, the FCC stated that broadband providers do not enjoy First Amendment protections because they do not have a right to free speech.

“The rules we adopt today do not curtail broadband providers’ free speech rights,” the commission said on page 268 of its decision, noting that because they merely serve as a means for others to express themselves, broadband providers are not entitled to free speech rights themselves.

“When engaged in broadband Internet access services, broadband providers are not speakers, but rather serve as conduits for the speech of others," the FCC stated.

“Claiming free speech protections under the First Amendment necessarily involves demonstrating status as a speaker,” the decision stated. “Absent speech, such rights do not attach.”

SOURCE

They have clearly not read the Constitution recently (if at all).  The First Amendment provision concerned is a type of sentence which specifies what will or will not happen but does not specify any doer or actor.  Here's the Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press"

So the FCC claim that "free speech protections under the First Amendment necessarily involves demonstrating status as a speaker" is plainly false.  The Amendment says nothing about who speaks or does not speak.  Its applicability is general.  ALL speech is protected, not just the speech of some specified class of speakers


7 comments:

Anonymous said...

As well as the IRS, EPA, ATF.....etc.

Anonymous said...

The GOP s presently under the thumb of right wing Christo-facsists !

stinky said...

Troll's back, I guess Mommy & Daddy restored his internet privileges.

Anonymous said...

While we're at it, let's force railroads to allow anyone to run any kind of train at any time they like on their tracks. Oh, that's right, the government already does that via Amtrak.

stinky said...

Nevermind. I was looking in a mirror when I wrote that.

Anthony Billings Art said...

I wonder if this could be challenged on the same grounds as newspapers' right to pick and choose which letters to the editor to publish. Certainly, in that particular circumstance, the newspaper would be considered a "conduit" and not a "speaker."

Bird of Paradise said...

The FASCISTS COMMUNICATION COMMISION