First Amendment violation?

Embar Angylwrath · Post by **Embar Angylwrath** » Thu Mar 03, 2005 8:09 pm

http://www.chron.com/cs/CDA/ssistory.mpl/front/3065992

Essentially, a Texas lawmaker wants to ban Texas cities from installing or supporting the installation of low-cost internet access.

I'm not a Constitutional scholar, but I smell a First Amendment fight coming on.

Aquinas · Post by **Aquinas** » Fri Mar 04, 2005 12:46 am

how is anyone's first amendment rights violated by this?

ZanypherCocoapuffs · Post by **ZanypherCocoapuffs** » Fri Mar 04, 2005 2:03 am

Perhaps another question needs to be begged; why the ban?

Narith · Post by **Narith** » Fri Mar 04, 2005 4:16 am

Reason(s) it may be an amendment violation: Using the internet as a speaking platform for free speach. Allowing those who could not normally afford the internet this ability, and by blocking it you are denying them the ability to use free speach on this forum. *shrug* kinda iffy, but... Also could be seen as blocking media, freedom of the press and all.

Possible reason for the ban: Money. A low cost internet will cut into profits of regular internet providers. If this law maker owns an internet company lets say, he is protecting his proffit by banning competiton.

Dunno, maybe I am way off on base on it, but the only reason I could possibly see for a ban would be money motivated.

Klast Brell · Post by **Klast Brell** » Fri Mar 04, 2005 8:26 am

A government can deploy a service without some of the costs that businesses have to incur. No marketing. No shareholders. No taxes. No CEOs. This drives the government's costs below what the businesses can afford. Some would say that it is unfair competition.

Kulaf · Post by **Kulaf** » Fri Mar 04, 2005 11:18 am

Sort of like....ohh.....the Internet?

Riggen · Post by **Riggen** » Fri Mar 04, 2005 11:24 am

I don't really see how free speech enters into this. The government cannot limit free speech(theoretically), but it is not obliged to subsidize it either.

On the other hand, Internet access at this point could be likened to water distribution--a service for the public good. Lots of bottled water gets sold in spite of the fact that it's vastly cheaper out of the tap. These folks talk big, but as things stand they're pretty ad hoc. I doubt ISPs have too much to worry right now. If this service ever gets really fast it could be a problem.