In commerce, as we Americans are more or less reminded on our paper currency, transactions are divided into two domains: Those that are government-controlled, and those that are privately controlled.
Control Of The Internet
If the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use the Internet for public speech. <br/>The give-and-take of who has the ability and vested authority to control constitutional matters is one in frequent debate, but the principle commonly known as the state action doctrine clearly sets forth the concept that only government actors are subject to certain constitutional limitations. Most important, the state action doctrine is a preliminary test for determining which cases are worthy to proceed on their merits with respect to whether constitutional rules apply.
By
Jonathan Bick
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