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The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson
The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson
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This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.
Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …
Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson
Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson
All Faculty Scholarship
On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.
Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …