Home > slashdot > Does Net Neutrality Violates the Fifth Amendment?

Does Net Neutrality Violates the Fifth Amendment?

August 2nd, 2010 08:00 admin Leave a comment Go to comments

SonicSpike writes “A forthcoming paper from Boston College Law Professor Daniel Lyons offers an even stronger basis for challenge: The Fifth Amendment. Under Prof. Lyons’s theory, net neutrality would run afoul of eminent domain. It would constitute a regulatory taking, requiring just compensation.
Under US Supreme Court precedent, any governmental regulation that results in “permanent, physical occupation” of private property constitutes a per se taking. This is true even where the government itself is not doing the occupying. If the government grants access to other parties to freely traipse across private property, it’s still a taking. In effect, the government has forced one party to give a permanent easement to another party, destroying the first’s “right to exclude.”"

Source: Does Net Neutrality Violates the Fifth Amendment?

Related Articles:

  1. Does Net Neutrality Violate the Fifth Amendment?
  2. Verizon Claims Net Neutrality Violates Their Free Speech Rights
  3. No, Net Neutrality Doesn’t Violate the 5th Amendment
  4. House Passes Amendment To Block Funds For Net Neutrality
  5. Using Fourth-Party Data Brokers To Bypass the Fourth Amendment
blog comments powered by Disqus