Thursday, October 21, 2021

The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy

The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy

 

Christopher S. Yoo

University of Pennsylvania Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

 

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial discretion over whom to carry or host. This gives putative common carriers and public accommodations substantial control over their First Amendment status. The jurisprudence on privacy regulation, quasi-common carriers, non-common carriage services, and public accommodations confirms that the First Amendment protections they enjoy are substantial.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/10/the-first-amendment-common-carriers-and-public-accommodations-net-neutrality-digital-platforms-and-p.html

| Permalink

Comments

Post a comment