Does Religious Freedom Entail the Ability to Censor the Internet Privately?

In 2010, the FCC issued its Open Internet Order, currently the subject of litigation in the DC circuit court. Among many other things, the regulations, often referred to as “network neutrality,” forbid Internet-service providers from blocking specific content unless it is either unlawful (like child pornography) or harmful (like computer viruses). A still-unresolved question is whether the regulations render illegal providers like Jnet, popular among Orthodox Jews in Brooklyn, and its Christian equivalent True Vine Online (TVO), which block users’ access to sacrilegious and sexually explicit websites. Arielle Roth writes:

[U]nder the network-neutrality rules, Jnet and TVO’s services are impermissible—and not simply as a matter of interpretation. . . . The FCC may forbear from enforcing the rules against Jnet and TVO, preferring to avoid a religious-freedom quagmire. But inaction will not necessarily avoid litigation. It is easy to imagine that a content provider blocked by Jnet or TVO would demand that the FCC enforce the network-neutrality rules and prohibit religious-based blocking.

Fortunately, Jnet and TVO are not powerless in the face of these oppressive regulations. Thanks to the Religious Freedom and Restoration Act (RFRA), a federal statute that prohibits the federal government from burdening an individual’s religious exercise, Jnet and TVO would likely be granted an exemption to the anti-blocking rule. . . .

A court finding that the network-neutrality rules harm Jnet and TVO’s religious liberty would implicitly acknowledge that these broadband providers possess editorial discretion in controlling the content over their networks. But that is precisely what the FCC denied in countering First Amendment challenges to the Open Internet Order. To escape constitutional scrutiny, the Commission declared that broadband providers were mere “dumb pipes,” charged with blindly transmitting content pursuant to the Internet user’s requests. But as is clear from the case of Jnet and TVO, this is a myopic portrayal of the speech interests at stake, and network neutrality imposes serious burdens on broadband providers’ editorial discretion.

Read more at CapX

More about: Freedom of Speech, Internet, Law, Politics & Current Affairs, Religious Freedom Restoration Act, U.S. Constitution

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden