Where's the first amendment come in to any of this? It sounds like you're trying to refer to first amendment rights of the ISP, but I don't see where that is at all relevant to their business of forwarding my packets. There's no speech on the part of the ISP to be restricted there, and forwarding my packets is in no way analogous to the ISP publishing anything. ISPs are extremely keen to make sure that their subscriber's data transmissions are never regarded as speech/publishing by the ISP itself, because of things like copyright infringement liability.