The Signal Cable Sends, Part I - Why Can't Cable Be More Like Broadcasting?
Laurence H. Winer
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Maryland Law Review, Vol. 46, p. 212, 1987
In recent years, commentators, courts, and the FCC have begun distinguishing cable from broadcast television and analogizing cable instead to the print media in order to afford cable fuller first amendment freedom than broadcasting traditionally has enjoyed. This article challenges that approach, arguing that cable and broadcasting have a functional similarity and are close substitutes for one another. In fact, they form a unified cable/broadcasting medium that should be indistinguishable, for first amendment purposes, from the print media. In this way, cable and broadcasting each supports the other's entitlement to full first amendment freedom.
Number of Pages in PDF File: 72
Keywords: Cable, first amendment, broadcast television
Date posted: May 21, 2009
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