[ NNSquad ] Re: Upcoming Fifth Amendment argument against Net Neutrality

[Barry Gold <BarryDGold@ca.rr.com>]

Lauren Weinstein wrote:
> Upcoming Fifth Amendment argument against Net Neutrality
>
> http://bit.ly/bT8Zh9  (OpenMarket)

That theory is breathtakingly bogus.  If regulating something like that 
were a "taking", then all the following would be "takings", requiring 
compensation under the 5th amendment:

1. Regulation of phone service under Title 1, and especially the 
CarterFone decision.

2. Rent Control (and all other forms of price control)

3. Regulation of electric and gas utilities

4. Common carrier rules on railroads, bus lines, airlines, etc.

That's not to say it couldn't happen, given the extreme pro-big-business 
justices that GWB appointed to SCOTUS, but it would be a *major* change 
to settled law.