Verizon First Amendment Challenge Of Net Neutrality Tests Century of Regulation | Bloomberg BNA: "In a landmark decision in 1994, the court concluded that even though cable operators are “conduits for the speech of others,” they nevertheless merit First Amendment protection.
But Benjamin said there is a stark difference between Turner Broadcasting and Verizon. One makes “substantively editorial” decisions about which speech to transmit, whereas the other does not, he said.
Benjamin argued in a paper titled “Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech’ Encompasses,” published in the Duke Law Journal in May 2011, that only an internet service provider that “explicitly provides a substantively edited internet experience” is considered a speaker under Turner.
Put another way, if Verizon always had “substantively edited the internet,” and customers understood that they were paying for a “substantively edited internet,” then the company would be protected by the First Amendment, according to Benjamin." 'via Blog this'