The First Amendment and the principles of free expression are fundamental to the proper functioning of our society and they are a bedrock of the law. The fact that this sentiment is well-worn to the point of cliche doesn't make it any less true. Speech and other expressive conduct must be protected, even when it's bad speech, and even when the short-term consequences of allowing it seem bad too--because the consequences of having the government decide what kinds of speech are acceptable and what kinds of speech are not are even worse.
But the importance of free expression has unfortunately provided some telecom companies with rhetorical cover in their attempt to avoid all oversight, and with aid and comfort from some in the judiciary, they've attempted to characterize business activities that are not expressive as "speech" and to enlist the Bill of Rights in the battle against consumer interests.
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The First Amendment and the principles of free expression are fundamental to the proper functioning of our society and they are a bedrock of the law. The fact that this sentiment is well-worn to the point of cliche doesn't make it any less true. Speech and other expressive conduct must be protected, even when it's bad speech, and even when the short-term consequences of allowing it seem bad too--because the consequences of having the government decide what kinds of speech are acceptable and what kinds of speech are not are even worse.
But the importance of free expression has unfortunately provided some telecom companies with rhetorical cover in their attempt to avoid all oversight, and with aid and comfort from some in the judiciary, they've attempted to characterize business activities that are not expressive as "speech" and to enlist the Bill of Rights in the battle against consumer interests.
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The First Amendment and the principles of free expression are fundamental to the proper functioning of our society and they are a bedrock of the law. The fact that this sentiment is well-worn to the point of cliche doesn't make it any less true. Speech and other expressive conduct must be protected, even when it's bad speech, and even when the short-term consequences of allowing it seem bad too--because the consequences of having the government decide what kinds of speech are acceptable and what kinds of speech are not are even worse.
But the importance of free expression has unfortunately provided some telecom companies with rhetorical cover in their attempt to avoid all oversight, and with aid and comfort from some in the judiciary, they've attempted to characterize business activities that are not expressive as "speech" and to enlist the Bill of Rights in the battle against consumer interests.
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The First Amendment and the principles of free expression are fundamental to the proper functioning of our society and they are a bedrock of the law. The fact that this sentiment is well-worn to the point of cliche doesn't make it any less true. Speech and other expressive conduct must be protected, even when it's bad speech, and even when the short-term consequences of allowing it seem bad too--because the consequences of having the government decide what kinds of speech are acceptable and what kinds of speech are not are even worse.
But the importance of free expression has unfortunately provided some telecom companies with rhetorical cover in their attempt to avoid all oversight, and with aid and comfort from some in the judiciary, they've attempted to characterize business activities that are not expressive as "speech" and to enlist the Bill of Rights in the battle against consumer interests.
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