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Google+Balancing strong First Amendment (“free speech”) speech protections with the desire to protect the delicate sensibilities of America’s youth is always a complex task. Two seminal Supreme Court cases–Cohen v. California and FCC v. Pacifica Foundation–illustrate the struggle the Court has had to find the right path.
FCC
The FCC re-classifies in response to Comcast
Last month, Comcast won its appeal in a federal appeals court in D.C. against the FCC’s attempt to require network neutrality. As predicted by some, the FCC is proceeding with plans to reclassify broadband providers, and thus escape the ruling entirely.
Net neutrality and deference to the FCC
A few days ago the D.C. Circuit, in a 3-0 decision, held that the FCC could not require Comcast, or other broadband providers, to follow principles of network neutrality under their current justification.
