CALIFORNIA FOCUS
1720 OAK STREET, SANTA MONICA, CALIFORNIA 90405
FOR RELEASE: FRIDAY, NOVEMBER 16, 2018, OR THEREAFTER
1720 OAK STREET, SANTA MONICA, CALIFORNIA 90405
FOR RELEASE: FRIDAY, NOVEMBER 16, 2018, OR THEREAFTER
BY THOMAS D. ELIAS
“NET NEUTRALITY: BROWN’S BIG MOVE MAY PLAGUE GOP”
Outgoing Gov. Jerry Brown attracted little local
attention a month or so ago, when at the very end of California government’s
bill signing-or-veto season he signed a bill guaranteeing “net neutrality” for
all computer users in his state.
This didn’t attract a lot of attention in most
quarters, coming as it did during the confirmation battle over new Supreme
Court Justice Brett Kavanaugh. But there was one outfit that saw the Brown move
for what it is: the Donald Trump administration, which considered the move a
major declaration of defiance by the one state that has resisted its agenda
most.
Net neutrality essentially stops internet
service provider companies (ISPs) from charging some websites more than others
to use their service; it won’t let them pick and choose which websites to slow
down or speed up, nor does it allow ISPs to block contacts they don’t like. These
previously illegal practices were legalized nationally last June by the Federal
Communications Commission, acting at the behest of firms like AT&T,
Verizon, Comcast and Frontier.
The new California
law asserts the state has the right to protect its citizens from these
practices and it is the only state law of its kind in America. It was backed by
a large coalition of consumer groups and tens of thousands of individuals, the
conflict perhaps causing Brown to delay his signature until the last possible
moment.
Although it got
little news coverage, the new law got plenty of attention from the Trump
administration, which within minutes filed a lawsuit to quash it.
“Once again, the California Legislature has
enacted an extreme and illegal state law attempting to frustrate federal
policy,” said Attorney General Jeff Sessions, who also opposes California’s
anti-smog and climate change mitigation regulations and its immigration
sanctuary laws, among many others.
Unlike other disputed issues, net neutrality
involves nothing ideological, nor even social policy. This dispute is about
money and freedom in an arena where everyone has previously been treated with
complete equality. It cements a huge change in one of the Republican Party’s
most central ideological stances of the last 160 years: The belief that states
have the right to control policy within their borders on anything where the
Constitution does not explicitly give authority to the federal government.
During all those years, the GOP portrayed itself
as the champion of decentralized government. But the latest battles, net
neutrality now a big symbol of them, expose Republicans as opportunists: So
long as states’ rights meant they could exempt states they controlled from
things like voting rights for minorities, pollution controls, abortion and
equal access to education, the GOP was all for the concept.
But with
Republicans controlling the presidency, the judiciary and most of Congress, the
party began revealing its true colors. No less than Democrats when they are in
power, the GOP wants to assert its agenda everywhere in America, and never mind
what any state and its populace might want.
There’s a lot of
future danger here for Republicans and their longtime agenda, chiefly because
of the pendulum swings natural to politics. Whichever party is in power often
assumes it will wield that authority forever, when history shows power in
America is almost always fleeting.
So when the GOP
attempts to impose its policies on states that want no part of them, using the
Constitution’s supremacy clause that gives federal laws priority when they
conflict with state or local ones, it risks major losses once the Democrats
regain power, as they surely will within two, four or six years.
But the GOP, under
Trump’s management and leadership is anything but foresightful, generally
acting with little or no delayed gratification but rather demanding instant
satisfaction and obedience.
Yes, it’s common
for opponents of heavily centralized government to change when they gain power,
but today’s pattern as it’s playing out over net neutrality suggests a more
lasting position for the national Republican Party, which is doing all it can
to perpetuate its hold on power.
But all the GOP
needs to do is persist in its current approach and today’s crescendo of
resistance to its ideas and policies by state governments and individuals will
grow so loud the Republicans’ hold on power won’t be able to withstand it.
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