Protecting the Public's First Amendment Rights

Testifying at yesterday's FCC hearing on Net Neutrality, Media Access Project's Andrew Jay Schwartzman emphasized that the Commission should implement policies to promote the public’s First Amendment right to free expression and civic participation. He argued that the FCC should give little credence to Internet service providers' demands for unfettered discretion over speech on their networks.

He said:

Internet service providers can’t have it both ways. If they wish to continue to receive liability protections relating to copyright infringement, they cannot turn around and claim to have First Amendment rights to edit others’ content. ISPs do not materially contribute to the content they retransmit, and they receive important protections based on the presumption that they do not function as speak.

Policies that promote creation of content-neutral, viewpoint-neutral platforms for free expression help fulfill the mandate of the First Amendment that government should seek to promote the public’s right to have access to diverse and varied social, political, artistic expression. By creating a better informed electorate such practices advance the operation of democratic self-governance.

Download Schwartzman’s full testimony here.

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