May commercial Internet Service Providers (ISPs) prevent the use of their services by extremists?
Yes. Commercial ISPs, such as America Online (AOL), may voluntarily agree to prohibit users from sending racist or bigoted messages over their services. Such prohibitions do not implicate First Amendment rights because they are entered into through private contracts and do not involve government action in any way. Once an ISP promulgates such regulations, it must monitor the use of its service to ensure that the regulations are followed. If a violation does occur, the ISP should, as a contractual matter, take action to prevent it from happening again. For example, if a participant in a chat room engages in racist speech in violation of the “terms of service” of the ISP, his account could be cancelled, or he could be forbidden from using the chat room in the future. ISPs should encourage users to report suspected violations to company representatives. The effectiveness of this remedy is limited, however. Any subscriber to an ISP who loses his or her account for violating that ISP’s regu
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