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The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
All Faculty Scholarship
This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
Cleveland State Law Review
This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.