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Ownership Of The Internet
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. Depending on the type of transaction that is involved between parties, different constitutional rights are applicable.
That said and established, let's consider that growing alchemy of the ether realm that mixes expression and the maintenance and control of the Internet. In particular, 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 it for public speech.
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 principle 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.
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