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The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson Jan 1981

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

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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.


Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson Jan 1981

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

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In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.