Upholds access obligation in
Turner Broadcasting: (p. 1383) allow “must carry” regulations that compelled access for broadcasters of cable TV transmission b/c content-neutral. Would allow more diversity.
Red Lion Broadcasting v. FCC, 1969: due to scarcity, broadcasting allocated by the govt, so govt can force access consistent with the public interest.
CBS v. FCC, 1981: statutorily required (FCC) access obligation is constitutional. Authorized FCC to revoke a broadcaster’s licenses for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amts of time for the use of a broadcasting station by a legally qualified federal candidates. Relies on congressional judgments about fair access. The Fairness Doctrine has since been repealed, but still allowed in scarce media.
Strike down access obligation
Hurley v. GLIB: deny access obligation to gay/lesbian as separate group in St. Patrick’s Day parade produced by private group. Gays can have own parade but d/n want them to change expressive nature of their parade. SC says any kind of access obligation is not in accord w/ free speech. State anti-discrimination law d/n require violating free speech.
Fact that is community event and thus more of a public forum must be balanced vs. the fact that the parade isn’t a mere conduit of speech, but speech itself. Their msg is that they’re proud Irish American heterosexuals.
Why deference to CA in Pruneyard but not to Massachusetts in this case? Wanted access obligation based on anti-discrimination statute
CBS v. DNC, 1973: court refuses to extend Red Lion to include political ads. Should be left to CBS’ editorial discretion—so no access obligation.
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