Net Neutrality Supporters Have First Amendment Upside Down

With the onset of the holiday season, Washington, D.C., is getting quieter by the day. However, opponents of net neutrality–which the Federal Communications Commission (FCC) is considering implementing–are not taking a break from tough policy debate quite yet. With the FCC expected to reach a decision on net neutrality early next year, one major foe of the policy spoke out against it again last week in harsh terms, suggesting that if net neutrality rules were implemented, they might fall afoul of the First Amendment’s intent and purpose.

Kyle McSlarrow, President of the National Cable and Telecommunications Association, said at a lunch held last Wednesday by the Media Institute that the implementation of net neutrality rules “would ultimately decrease the overall amount of speech on the Internet, thus harming, not helping, First Amendment interests.” Furthermore, he argued, net neutrality proponents who claim the policy is needed to protect First Amendment rights have their facts “upside down.” McSlarrow went on to add, “By its plain terms and history, the First Amendment is a limitation on government power, not an empowerment of government. Making these arguments is, ironically, almost proof that First Amendment rights are being implicated…let’s not forget that the First Amendment is framed as a shield for citizens, not a sword for government.”

McSlarrow’s comments are likely to grab the attention of some groups and individuals sympathetic to civil liberties worries but to date unengaged in the net neutrality debate.

However, his comments will also be seen as a full-throated rejoinder to left-leaning groups who have sought to paint net neutrality as a policy that would protect or extend individual rights rather than curtail them. Such groups have traditionally sought to discredit Internet Service Providers like NCTA’s members by dubbing them major foes of consumer interests who want to limit speech.

Observers say debate is likely to remain heated as the capital brings in the New Year, and as the FCC gets closer to a decision.