Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
The Courts

Does Net Neutrality Violate the Fifth Amendment? 341

Posted by CmdrTaco
from the constitution-guarantees-short-sleeve-shirts dept.
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.'"
This discussion has been archived. No new comments can be posted.

Does Net Neutrality Violate the Fifth Amendment?

Comments Filter:

Science and religion are in full accord but science and faith are in complete discord.

Working...