Richard A. Epstein explains common carrier obligations not to discriminate in this article. The state-made and/or judge-made law on this goes back to 1810. I’ll quote two paragraphs that make this clear: “Historically, the nondiscrimination rule was applied first to common carriers and then to public utilities because both were typically supplied by firms that had a monopoly position in the relevant market, which meant that a refusal of the operator of those facilities to supply the service to all comers left disappointed customers quite literally out in the cold. Nonetheless, the antidiscrimination principle was confined to those cases, so … Continue reading Is Facebook (FB) a Common Carrier? Nope.