Verizon is in the middle of a legal fight against the open Internet rules the Federal Communications Commission adopted in 2010. In addition to arguing that Congress never gave the FCC authority to regulate network neutrality, Verizon also claimed that forcing Verizon to abide by network neutrality rules violated the firm’s First Amendment right to free speech.

via Verizon called hypocritical for equating net neutrality to censorship | Ars Technica.

But CDT says Verizon can’t have it both ways. If Verizon is going to claim ISPs are “passive conduits” for copyright purposes, then in CDT’s view that implies that its routing decisions cannot be “active” enough to deserve protection under the First Amendment.