Virtually Taking the Fifth: Are Neutrality Regs Unconstitutional?

Could net neutrality rules be unconstitutional?  Maybe so, says Daniel Lyons of Boston College Law School.  In a piece released last week by the Free State Foundation (based on a more extensive research paper for Boston College last March) he argues that rules of the sort being considered by the FCC may constitute a taking of property under the Fifth Amendment. 

The idea that a regulation could be considered a "taking" is certainly nothing new.   For decades, courts have recognized the...