Degree Type

Thesis

Date of Award

2008

Degree Name

Master of Science

Department

Greenlee School of Journalism and Communication

First Advisor

Jeffrey L. Blevins

Second Advisor

Barbara Mack

Third Advisor

Dirk Deam

Abstract

Scholarship on the network neutrality debate has focused primarily on economic and technological arguments for or against regulation to protect the Internet's open and democratic qualities. Concerned that congressional discussion is similarly two-dimensional, this thesis examines the First Amendment concerns in the debate. Following Moran Yemini's 2007 paper, a matrix of possible First Amendment claims on the Internet is created. Legal case analysis identifies which of these claims are supported by Supreme Court precedent. The only potential First Amendment challenge to neutrality regulation would be broadband service providers' (BSPs') claim that the regulation infringed on their editorial rights. If regulations were brought before the Court, it would likely apply its intermediate scrutiny test from the Turner v. Federal Communications Commission cases in 1994 and 1997. Network neutrality regulation would almost certainly satisfy the Turner test, thus the Court would accept this minor infringement of BSPs' editorial rights.

DOI

https://doi.org/10.31274/rtd-180813-16558

Publisher

Digital Repository @ Iowa State University, http://lib.dr.iastate.edu/

Copyright Owner

Sarah Carpenter Barrow

Language

en

Proquest ID

AAI1453143

OCLC Number

237002548

ISBN

9780549542131

File Format

application/pdf

File Size

86 pages

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