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Policy Letter

42 Free Speech, Open Government and Public Interest Groups Urge the FCC to Protect Net Neutrality

March 20, 2014

Dear Chairman Wheeler:

The D.C. Circuit’s decision in Verizon v. FCC dealt a huge blow to the open Internet, press freedom and our right to access information. As advocates for free expression and open government, we appreciate your agency’s role in protecting our free speech rights online and call on you to use your clear authority under Title II of the Communications Act to protect the open Internet.

The open Internet is our main conduit for freedom of expression and information. It is our library, our printing press, our delivery truck and our town square. Journalists, academics, communities and governments depend on the Internet to connect, communicate and collaborate every day. And as old models for news and information falter, the Internet has enabled new and independent media outlets to emerge and thrive.

With the court’s decision, however, broadband providers are now free to block or discriminate against online content, services and applications. Allowing broadband providers to control this once-open platform shifts power away from communities and individuals and toward entrenched companies like AT&T, Comcast, Time Warner Cable and Verizon. This will have a chilling effect on our rights to access, report and share information.

From the beginning, U.S. laws and leaders have protected these rights, acknowledging the fundamental need for our speech to be delivered without discrimination. Freedom of the press was not simply the freedom to print, but also the freedom to distribute speech across the country through a common-carrier network: the postal service. Our ability to utilize that network (and its successors) is central to our ability to self-govern.

That is why promoting and protecting our ability to exercise our free speech rights via common carriage is enshrined in our communications laws. Common carriage recognizes that the ability to have our speech carried free from undue discrimination is essential to our right to speak freely.

The issue is clear: Free speech depends on access to open and nondiscriminatory platforms for that speech. Without such principles governing online networks, we cannot guarantee the exercise of this most fundamental right.

Protecting free speech rights cannot be left to the promises of private entities, themselves motivated by the desire to privilege certain speakers over others and increase the return to their shareholders rather than their service to the public. That is why we need you and your colleagues at the FCC to correct the agency’s past mistakes and reassert the Commission’s clear authority over our nation’s communications infrastructure.

To preserve the open Internet as a vibrant space for press freedom and freedom of information, the FCC must reclassify broadband access services as telecommunications services to prevent discrimination and blocking online.

Signed,

American Civil Liberties Union

Association of Alternative Newsmedia

Bitch Media

Center for Media and Democracy

Coalition to Protect New York

Defending Dissent Foundation

Diversified Media Enterprises

Fairness & Accuracy In Reporting

Free Press

Globalvision, Inc.

Government Accountability Project

iSolon.org

The LAMP (Learning About Multimedia Project)

Making Contact

Media Alliance

The Media Consortium

Mine Safety and Health News

Mother Jones

MuckRock

National Alliance for Media Arts + Culture

National Coalition Against Censorship

National Hispanic Media Coalition

National Priorities Project

News Taco

OpenTheGovernment.org

Park Center for Independent Media

Participatory Politics Foundation

PEN American Center

Personal Democracy Media

Project On Government Oversight

Reporters Without Borders

RootsAction.org

Society for Professional Journalists

Sunlight Foundation

Texas Observer

TheUpTake.org

Tikkun Magazine

Truthout

Tully Center for Free Speech at Syracuse University

WITNESS

Women’s Media Center

Writers Guild of America East