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Originally Posted by Psi U MC Vito
Out of curiosity, exactly what kind of Constitutional argument could be made? I fail to see how that falls under any of the rights given us.
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Depends on what's happening. Let's say we're talking about one of these so-called three strikes laws where after three times getting caught, you're banned (by government order) from using the internet.
Just spitballing, I'd say 1st Amendment Free Speech; 14th Amendment due process; 14th Amendment Substantial Due Process [in that internet is a fundamental liberty interest, also maybe privacy]; maybe something else.
In response to those, simplistically and in order, I'd say that Free Speech can be curtailed when there's a compelling state interest in doing so, and in this case, it's more of a criminal penalty than an assault on free speech; that so long as there's notice and an opportunity to be heard re: the sanctions, due process is satisfied; that there has been no such thing as a fundamental right to the internet so far, so one can't be invented.
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