That may or may not be so, but it hasn’t been tested in court and it’s unlikely that the FCC would be the proper agency to set forth a constitutional judgment — if some hate group gets banned from the Chattanooga system, perhaps it will sue and we’ll find out. In the meantime, for O’Rielly to assert, as he did last week, that “municipalities such as Chattanooga, Tenn., and Wilson, N.C., have been notorious for their use of speech codes” is a ludicrous misstatement. In any event, such language parallels the terms of service buried in the subscriber agreement of almost every ISP.

Source: Los Angeles Times October 31, 2018 15:12 UTC