Democrats troubled by Verizon's free speech argument in network neutrality case

Three top Democrats on the House Commerce Committee wrote a letter to their colleagues, calling attention to a "troubling" constitutional argument Verizon has made in its bid to overturn network neutrality regulations.

Reps. Henry Waxman (D-CA), Anna Eshoo (D-CA) and Edward Markey (D-MA) warned that Congress's power to regulate the communications industry would be severely restricted if the court accepts Verizon's claim that the network neutrality regulations violate its First Amendment free speech rights. "Although this First Amendment issue is being raised by Verizon in the context of the Open Internet Order, there is no apparent limit to the company's claim," the lawmakers wrote. "If the court accepts Verizon's argument, the role of Congress in enacting communications policy through power granted by the Commerce Clause — including efforts to protect consumers and promote competition in contexts far removed from the Open Internet rules themselves — could be radically undermined." The Representatives warned that overturning the network neutrality rules could undermine the success of the Internet. "This incredible economic success story is made possible by the fact that the Internet has always been an open platform where anyone with a good idea can connect to consumers across the globe and compete on a level playing field for their business," they wrote. They pointed to a brief defense of the rules filed by former FCC Chairman Reed Hundt, former FCC Commissioner Michael Copps and other former government officials. In that brief, the officials said Verizon's lawsuit fails to "state any valid or even seriously plausible constitutional claim."