110 Inc. v. FCC, 518 U.S. 727, 739 (1996) (plurality opinion) (noting that the “speech interests” in leased channels are “relatively weak because [the companies] act less like editors, such as newspapers or television broadcasters, than like common carriers, such as telephone companies”); FCC v. League of Women Voters of California, 468 U.S. 364, 378 (1984) (“Unlike common carriers, broadcasters are entitled under the First Amendment to exercise the widest journalistic freedom consistent with their public duties.” (alteration and internal quotation marks omitted)); Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 106 (1973) (noting that the Senate decided in passing the Communications Act “to eliminate the common carrier obligation” for broadcasters because “it seemed unwise to put the broadcaster under the hampering control of being a common carrier and compelled to accept anything and everything that was offered him so long as the price was paid” (quoting 67 Cong. Rec. 12,502 (1926))). The Supreme Court has explained that the First Amendment comes “into play” only where “particular conduct possesses sufficient communicative elements,” Texas v. Johnson, 491 U.S. 397, 404 (1989), that is, when an “intent to convey a particularized message [is] present, and in the surrounding circumstances the likelihood [is] great that the message would be understood by those who viewed it,” Spence v. Washington, 418 U.S. 405, 410–11 (1974). The absence of any First Amendment concern in the context of common carriers rests on the understanding that such entities, insofar as they are subject to equal access mandates, merely facilitate the transmission of the speech of others rather than engage in speech in their own right. As the Commission found, that understanding fully applies to broadband providers. In the Order, the Commission concluded that broadband providers “exercise