Its official - txt space is private space. From the ny 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…

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…

So when will these laws be updated? net neutrality.

Update 09.27.07 @ 3:02 PM : : : From today’s ny times - “Verizon Reverses Itself on Abortion Messages“:

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

Of course the problem remains. While Naral is now being allowed to distribute their message, Verizon is still reserving the right to block text messages at their discretion…