"people have already voted with their money on what they value more"

1. We do not vote with money in America. Poor people get as much of a vote as rich people in this country.

2. By making jailbreaking illegal, the government is giving carriers a special legal status that makes it harder for anyone else to compete. If you want a market-based solution to life's problems, you cannot have the government swoop in and give special privilege to certain players.