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indiscriminate conduits. Providers that may opt to exercise
editorial discretion—for instance, by offering access only to a
limited segment of websites specifically catered to certain
content—would not offer a standardized service that can
reach “substantially all” endpoints. The rules therefore would
not apply to such providers, as the FCC has affirmed. See
FCC Br. 81, 146 n.53.
With standard broadband internet access, by contrast,
there is no editorial limitation on users’ access to lawful
internet content. As a result, when a subscriber uses her
broadband service to access internet content of her own
choosing, she does not understand the accessed content to
reflect her broadband provider’s editorial judgment or
viewpoint. If it were otherwise—if the accessed content were
somehow imputed to the broadband provider—the provider
would have First Amendment interests more centrally at
stake. See Forum for Academic & Institutional Rights, 547
U.S. at 63–65; PruneYard Shopping Center v. Robins, 447
U.S. 74, 86–88 (1980).
But nothing about affording
indiscriminate access to internet content suggests that the
broadband provider agrees with the content an end user
happens to access. Because a broadband provider does not—
and is not understood by users to—“speak” when providing
neutral access to internet content as common carriage, the
First Amendment poses no bar to the open internet rules.
VIII.
For the foregoing reasons, we deny the petitions for
review.
So ordered.
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