A first amendment critique of the 1984 cable act

Abstract

Cable regulation should be based on the unique characteristics of cable, the rights of speakers to be as free as possible from government regulation, and a First Amendment theory that recognizes the public's right to a diverse marketplace of ideas. As a consequence, it is recommended that cable be defined as a limited public forum to include both the utility poles/conduits and the attached coaxial cable. This approach suggests that de facto monopoly franchise agreements and franchise fees are unconstitutional, but that limited access channel requirements such as one or two public access channels would be constitutional.