Comcast and Verizon's Phony Free-Speech Claim
By Susan Crawford May 29, 2013 6:00 PM ET
Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit wrote this week that the First Amendment shields Comcast Corp. from Congress's authority to ensure the free flow of information across the basic network connections it provides.
Kavanaugh's assertion accompanied a ruling by the three-judge panel that reversed a Federal Communications Commission action against Comcast. Although the other two judges on the court did not endorse Kavanaugh's First Amendment argument, it will come up again later this year -- in a case brought against the FCC by Verizon Communications Inc.