The Signal Cable Sends, Part I - Why Can't Cable Be More Like Broadcasting?

Maryland Law Review, Vol. 46, p. 212, 1987

72 Pages Posted: 21 May 2009

See all articles by Laurence H. Winer

Laurence H. Winer

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1987

Abstract

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.

Keywords: Cable, first amendment, broadcast television

Suggested Citation

Winer, Laurence H., The Signal Cable Sends, Part I - Why Can't Cable Be More Like Broadcasting? (1987). Maryland Law Review, Vol. 46, p. 212, 1987, Available at SSRN: https://ssrn.com/abstract=1407651

Laurence H. Winer (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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