“The FCC’s First Amendment rationale eviscerates this determination by inviting the government to once again censor speech by controlling the means of its dissemination to the masses. Declaring that ISPs have no First Amendment right to exercise editorial discretion has the effect of giving the government power to censor the entire Internet. It is a settled principle that no person has a constitutional right to access a mass communications system owned or operated by another person or the government.”
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