Cable companies enlisting First Amendment to stifle regulation

Harvard law professor Susan Crawford, Wired, December 4, 2018, argues that just as a phone line is not a speaker and protected by the First Amendment, it is similarly wrong for cable companies to contend that they have the right to censor any speech on their cable lines lest they be be burdened by unconstitutional “forced speech.” She sees the move for First Amendment powers as a way to avoid regulation and part of a wider trend noted by Supreme Court Justice Elena Kagan to turn “the First Amendment into a sword.” So a company like Kimberly-Clark insists on a First Amendment right to claim wipes as “flushable” contrary to government findings.

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