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Full-Text Articles in Law
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
University of Michigan Journal of Law Reform
This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton
University of Michigan Journal of Law Reform
This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …