ctlawyer: The FIRST AMENDMENT ONLY applies to Government action.
of course. somehow, citizen refused to use public HTML protocols and prefer to get their news while watching ads on facebook. We are paying for this aveirah… thus we volunteered to give private businesses control over information.
But private businesses are also regulated – we need government or society to create markets: a place where competition exists, information is available (market does not work if the buyer does not trust seller), payments are secure, etc. Traditional media are regulated. So, it is within government rights to define rules for businesses selling information to ensure that information market is efficient.