Manhattan Community Access Corp. v. Halleck

Case Overview

CITATION

ARGUED ON

DECIDED ON

587 U.S. __

Feb. 25, 2019

Jun. 17, 2019

DECIDED BY

Legal Issue

Does a private entity exercise a traditional, exclusive public function when it operates public access channels?

Holding

No, private operators of public access channels are not state actors, so they aren’t subject to First Amendment restrictions on its editorial discretion.

The outside of the building for the Manhattan Neighborhood Network | Credit: SCOTUSblog

Background

In the 1970s, the Federal Communications Commission’s (FCC) regulations required certain cable operators to set aside channels for public access. However, the Supreme Court ruled in FCC v. Midwest Video Corp. (1979) that the FCC lacked statutory authority to impose such a mandate. In 1984, President Ronald Reagan signed the Cable Communications Policy Act of 1984, authorizing state and local governments to require cable operators to set aside channels for public access.

The New York state Public Service Commission required cable operators in the State to set aside channels for public access and provide them free of charge on a first-come, first-serve basis. New York law dictates that the cable operator manage the public access channels unless a local government chooses to operate the channels itself or designate the responsibility to a private entity. Time Warner operated a cable system in Manhattan and under state law, it was required to set aside channels for public access. New York City designated the Manhattan Neighborhood Network (MNN), a private nonprofit, to operate Time Warner’s public access channels in Manhattan.

DeeDee Halleck and Jesus Papoleto Melendez made a film about MNN’s alleged neglect of the East Harlem community. Halleck submitted the film to MNN to be aired on MNN’s public access channels, and MNN later televised the film. In response to multiple complaints about the film’s content, MNN temporarily suspended Halleck from using the public access channels. After another dispute between Halleck and Melendez and MNN staff, MNN suspended Halleck and Melendez from all MNN services and facilities. Halleck and Melendez sued the MNN in the U.S. District Court for the Southern District of New York, alleging a First Amendment violation of their right to free speech. The district court dismissed the case, and the case was appealed. On appeal to the U.S. Court of Appeals for the Second Circuit, the district court’s ruling was reversed. The MNN petitioned for writ of certiorari, which was granted by the Supreme Court.

5 - 4 decision for Manhattan

Manhattan

Halleck

Ginsburg

Gorsuch

Alito

Kagan

Thomas

Kavanaugh

Roberts

Breyer

Sotomayor

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