Strawman argument. If I break the law, charge me. Otherwise you have no business second-guessing what I transfer over the line I pay for.

If they don't want people to use the bandwith they pay to get, they should say so by advertising their monthly cap or whatever.

The idea that I can only transfer the particular types of bits across the wire that my ISP thinks I should is exactly the point of net neutrality rules. If that's not an infringement of free speech, I don't know what is.