Well, who’d have thought?

One of America’s leading communications companies has turned its back on a powerful abortion rights group over what it describes as “controversial or unsavory” content.

From the New York Times:

Saying it had the right to block “controversial or unsavory” text messages, Verizon Wireless has rejected a request from Naral Pro-Choice America, the abortion rights group, to make Verizon’s mobile network available for a text-message program.

The other leading wireless carriers have accepted the program, which allows people to sign up for text messages from Naral by sending a message to a five-digit number known as a short code.

Text messaging is a growing political tool in the United States and a dominant one abroad, and such sign-up programs are used by many political candidates and advocacy groups to send updates to supporters.

But legal experts said private companies like Verizon probably have the legal right to decide which messages to carry. The laws that forbid common carriers from interfering with voice transmissions on ordinary phone lines do not apply to text messages.

The dispute over the Naral messages is a skirmish in the larger battle over the question of “net neutrality” — whether carriers or Internet service providers should have a voice in the content they provide to customers.

“This is right at the heart of the problem,” said Susan Crawford, a visiting professor at the University of Michigan law school, referring to the treatment of text messages. “The fact that wireless companies can choose to discriminate is very troubling.”

In turning down the program, Verizon, one of the nation’s two largest wireless carriers, told Naral that it does not accept programs from any group “that seeks to promote an agenda or distribute content that, in its discretion, may be seen as controversial or unsavory to any of our users.” Naral provided copies of its communications with Verizon to The New York Times.

Nancy Keenan, Naral’s president, said Verizon’s decision interfered with political speech and activism.

“No company should be allowed to censor the message we want to send to people who have asked us to send it to them,” Ms. Keenan said. “Regardless of people’s political views, Verizon customers should decide what action to take on their phones. Why does Verizon get to make that choice for them?”

A spokesman for Verizon said the decision turned on the subject matter of the messages and not on Naral’s position on abortion. “Our internal policy is in fact neutral on the position,” said the spokesman, Jeffrey Nelson. “It is the topic itself” — abortion — “that has been on our list.”

Mr. Nelson suggested that Verizon may be rethinking its position. “As text messaging and multimedia services become more and more mainstream,” he said, “we are continuing to review our content standards.” The review will be made, he said, “with an eye toward making more information available across ideological and political views.”

Naral provided an example of a recent text message that it has sent to supporters: “End Bush’s global gag rule against birth control for world’s poorest women! Call Congress. (202) 224-3121. Thnx! Naral Text4Choice.”

Messages urging political action are generally thought to be at the heart of what the First Amendment protects. But the First Amendment limits government power, not that of private companies like Verizon.

In rejecting the Naral program, Verizon appeared to be acting against its economic interests. It would have received a small fee to set up the program and additional fees for messages sent and received.

Just a thought: now might be the time to switch your wireless carrier to Verizon.

UPDATE: Well, that didn’t last long. From the NY Times:

Reversing course, Verizon Wireless announced yesterday that it would allow an abortion rights group to send text messages to its supporters on Verizon’s mobile network.

“The decision to not allow text messaging on an important, though sensitive, public policy issue was incorrect,” said Jeffrey Nelson, a spokesman for Verizon, in a statement issued yesterday morning, adding that the earlier decision was an “isolated incident.”

Last week, Verizon rejected a request from the abortion rights group, Naral Pro-Choice America, for a five-digit “short code.” Such codes allow people interested in hearing from businesses, politicians and advocacy groups to sign up to receive text messages.

Verizon is one of the two largest mobile carriers. The other leading carriers had accepted Naral’s request for the code.

In turning down the request last week, Verizon told Naral that it “does not accept issue-oriented (abortion, war, etc.) programs — only basic, general politician-related programs (Mitt Romney, Hillary Clinton, etc.).”

In yesterday’s statement, Mr. Nelson called that “an incorrect interpretation of a dusty internal policy” that “was designed to ward against communications such as anonymous hate messaging and adult materials sent to children.” The policy, Mr. Nelson said, had been developed “before text messaging protections such as spam filters adequately protected customers from unwanted messages.”

But the program requested by Naral would have sent messages only to people who had asked to receive them.

Nancy Keenan, Naral’s president, expressed satisfaction yesterday. “The fight to defeat corporate censorship was won,” she said. But Ms. Keenan added that her group “would like to see Verizon make its new policy public.”

Verizon did not respond to repeated requests for copies of the policy or an explanation for why it is withholding it.

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