{
  "$type": "site.standard.document",
  "bskyPostRef": {
    "cid": "bafyreicvupbfyevqnym7all6zualgyrbn4kmrfqwaj5hcjkgqfmff6miva",
    "uri": "at://did:plc:mg5ozsljpp6t5b4lvwys4t72/app.bsky.feed.post/3ln4osvkumfi2"
  },
  "coverImage": {
    "$type": "blob",
    "ref": {
      "$link": "bafkreiarrjqhcm3fbdlu3n4bash76a7otaq4veclrrswmmemqup7spooke"
    },
    "mimeType": "image/png",
    "size": 1340136
  },
  "description": "Free State Foundation’s Seth Cooper says California and Massachusetts bills could violate the Fifth Amendment ",
  "path": "/free-market-think-tank-sees-legal-problem-with-state-affordability-laws/",
  "publishedAt": "2025-04-18T22:39:29.000Z",
  "site": "https://broadbandbreakfast.com",
  "tags": [
    "_a Thursday whitepaper_",
    "_Chicago, Burlington, & Quincy Railroad Company v. Chicago_",
    "_reportedly scheduled for_",
    "_awaiting further review_"
  ],
  "textContent": "WASHINGTON, April 18, 2025 – State broadband legislation to regulate the monthly price of broadband access for low-income customers could violate the Constitution, according to **Seth Cooper** , Director of Policy Studies and Senior Fellow at the Free State Foundation.\n\nCooper argued against California Assembly Bill 353 and Massachusetts Senate Bill 2318 in _a Thursday whitepaper_, asserting that the bills risk violating the Supreme Court’s regulatory Takings Clause doctrine.\n\n“A reasonable case can be made that state laws that regulate rates, and thereby restrict broadband providers’ ability to set prices for their services in the free market, constitute a regulatory taking under Supreme Court jurisprudence,” Cooper said, referencing the 1897 Supreme Court case _Chicago, Burlington, & Quincy Railroad Company v. Chicago_.\n\nCooper urged states to consider alternatives to the new broadband legislation after the demise of the Affordable Connectivity Program, which provided $30 discounts on internet bills to millions of Americans before spending the last of its funds on May 31, 2024.\n\nCooper specifically mentioned that states could increase subsidies for low-income households, promote existing broadband affordability programs, and encourage competitive market conditions as alternatives.\n\nCooper said a hearing on California’s proposed bill is _reportedly scheduled for_ April 30, 2025. The Massachusetts bill has been referred to the state’s Joint Telecommunications, Utilities and Energy Committee, where it is _awaiting further review_.",
  "title": "Free Market Think Tank Sees Legal Problem with State Affordability Laws",
  "updatedAt": "2026-03-11T03:30:40.327Z"
}