The Importance of… — now at Corante — has a thoughtful piece
on the Super Bowl ad controversy, setting it in the broader context of
regulatory regime for telecommunications in the United States. 
“Broadcasters, cable and satellite networks have the power to
discriminate because the government has given them that power.
Speakers, of course, should have the right to discriminate, that is
what freedom of expression is all about. However, broadcasters, cable
and satellite networks are not merely speakers but distributors as
well. Of critical importance is that these networks are the creation of
government regulation.”  One might say the same of copyright
holders.