The cable industry's chief lobbying organization, the National Cable & Telecommunications Association (NCTA), believes that violating network neutrality is their First Amendment right. Or at least that's the gist from a recent speech by NCTA CEO Kyle McSlarrow, whose organization's fighting the FCC's decision to more strictly codify network neutrality protections for consumers. The neutrality debate has been nothing if not colorful, so McSlarrow's claims that neutral networks somehow mystically violate First Amendment rights joins a proud history of arguments on both sides that make no particular sense. Enter McSlarrow:Unfortunately for fans of logic, McSlarrow doesn't really explain how any of the FCC's currently rather wimpy proposals would threaten First Amendment rights, though he hopes you won't notice that beneath his oddly joined smattering of loosely-related concepts. McSlarrow also tries to argue that neutrality rules aren't needed because "competitive pressures" will ensure good behavior by carriers. Of course distorting the First Amendment for argumentative effect and pretending there's robust competition is about par for the course for the network neutrality "debate" the last few years, especially in lobbying circles.

Granted not everybody believes there's a need for network neutrality rules, an argument supported by the fact that few people can even seemingly define the concept. That said, the threat of network neutrality rules have proven to be rather handy -- Comcast's migration from packet forgery for all to intelligent throttling for some was a prime example of the power such a threat holds. The more men like McSlarrow wiggle, the more you know that threat remains intact -- and that's a good thing. When McSlarrow stops pulling bizarre arguments out of his digital nether regions, then you should start worrying.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."