Pressure can be applied by all who care. It is currently seeking injunctive relief from the Communications Decency Act but prepared to do jail time on behalf of a free and independent press. Voter's Telecommunication Watch promoted a campaign to turn all Web pages black for the 48 hours after the President signed S652 into law. Imagine the take in an election year. The Supreme Court has agreed to hear oral arguments on the issue of the right of cable companies to censor the content of access channels on February 21.
Free speech is a right enforced only against the activities of federal, state, or local governments.
Private individuals or entities are not subject to constitutional review. The Alliance will argue that if a statute authorizes a private entity to engage in censorship then that authorization constitutes a governmental action and is therefore subject to scrutiny. Judicial history is on the side of the Alliance, as states have rarely been able to prove a compelling state interest in censoring speech. We love our country more than we should, or we would not be so hurt to see its blessing betrayed. The Telecommunications Bill of 1996 gives the FCC the authority to describe the precautions that can be taken to avoid criminal liability.