osewalrus (osewalrus) wrote,

Franken Asks about Net Neutrality -Sotomayor Babbles Incoherently

_sigh_ If you don't know the case, just say you don't know the case! Don't babble incoherently about a half-remembered case you don't understand. This was an Ad Law case!!!! Hello! Boring, boring Ad Law, with a decent question from Franken that required you to harmonize the trends in First Amendment jurisprudence.

You can see Franken asking Sotomayor about an issue of my own -- Net Neutrality -- here. http://minnesotaindependent.com/39439/franken-sotomayor-3

The hypothetical Franken spins out is not too far off in the smaller market areas, like Duluth. One should also note that the term Franken used 9initially) was "First Amendment interest" -- which is different legally from a First Amendment right (although it is often difficult to quantify the difference).

Sotomayor's answer shows she clearly did not recall the case very well. Granted I don't expect the 2nd Cir. to do much Ad Law, but if you don't know just say you don't know and you would want to see briefs before making an opinion. I don't expect judges outside the DC Circuit to be familiar with the line of cases in this area -- although I would love to see her get questioned on Red Lion and Turner and Associated Press.

Her bottom line, that it is Congress' job to develop the appropriate regulatory scheme to ensure access by all Americans if that is our policy goal, was correct. I just wish she hadn't sounded like a 2L who hadn't done the reading.

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