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Submission + - Net Neutrality Violates Fifth Amendment (openmarket.org) 1

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.”

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Net Neutrality Violates Fifth Amendment

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  • Would this be the same Dan Lyons that claimed that SCO had a case against IBM and then went on to write a number of articles that were so embarrassingly Pro-Microsoft and Anti-Linux they led to numerous claims that he was a Microsoft shill? Why, yes! Yes it is! Perhaps this is not the best person to go to as a judge of the legal issues and an objective outlook on net neutrality then...

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