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June 27, 2005
Open Access Denied
SCOTUS Blog reports on the Brand X case: "In a 6-3 ruling, the Court decided that cable operators offering high-speed Internet access have no legal duty to open their service to customers of all Internet service providers.
In the cable case, the Court upheld the decision of the Federal Communications Commission that broadband cable modem companies are exempt from mandatory common-carrier regulation. That, Thomas wrote, is a lawful interpretation of the Communications Act, and thus is due deference."
No link yet to the ruling itself...
It also looks to be a very sad day for the reporter's privilege: "The Supreme Court on Monday turned aside pleas by two reporters and a magazine urging the Justices to create, for the first time, a right not to be forced to reveal to the government their confidential news sources. The action means that, at least for the time being, the Constitution and federal common law do not recognize a 'reporter's privilege' of confidentiality. (The Court denied review in Miller v. U.S., 04-1507, Cooper and Time Magazine v. U.S., 04-1508.)"
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