Government regulation of the Internet could "provide the vehicle for advancing new First Amendment theories for media regulation," warns Robert Corn-Revere in "The First Amendment, the Internet & Net Neutrality: Be Careful What You Wish For," released today by The Progress & Freedom Foundation. The paper is adapted from remarks Mr. Corn-Revere delivered at a Federal Communications Commission panel discussion on "Speech, Democratic Engagement, and the Open Internet," which took place on December 15, 2009.
In the paper, Corn-Revere, a Partner at the law firm of Davis Wright Tremaine LLP in Washington, D.C, discusses the relationship between the First Amendment and regulatory policy, particularly the treatment of new communications technologies. "It should not be forgotten," he argues, "that the federal government's initial impulse was to censor the Internet and to subject it to a far lower level of First Amendment protection. It pursued this agenda for more than a decade but was blocked by a series of First Amendment rulings." Indeed, the courts determined that "the open Internet would be at great risk if the government is allowed to exercise such power."
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