- Feb 22, 2017
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Interesting case for those interested:
As New York City is a hub for artistic self-expression, it makes sense that its “off-off-off-off Broadway” has reflected the creative pulse of the city. A nonprofit called Manhattan Neighborhood Network (MNN) operates the public access channels for the borough. By law, it must broadcast all legal content that it gets in the order received.
Several years ago, New York artists and activists DeeDee Halleck and Jesus Papoleto Melendez produced a video and submitted it to MNN, which aired it once but then banned it because it supposedly threatened the guards who work at MNN’s building. The network also suspended Halleck for one year and Melendez for life from submitting content, so they sued MNN for violating their free speech rights.
. . .
The “state action doctrine” asks whether conduct can be fairly attributed to the state or to a private party. As we argue in our friend-of-the-court brief supporting Halleck and Melendez, in this case, MNN’s broadcast decisions are state action. New York City has implemented its very specific vision for public access channels through MNN. Because the city’s first-come, first-served policy leaves MNN no room to decide what to broadcast, or even in what order to broadcast videos, it has made the network a virtual arm of the government. That means that the First Amendment applies to MNN, and it cannot pick and choose videos based on what’s in them.
The government can’t shirk its constitutional responsibilities by delegating power to private entities. Nor can it avoid its constitutional obligations by creating rules or entering contracts that leave a private entity with essentially no decisions to make at all. The First Amendment would mean little if the government could simply avoid it by outsourcing its power to private entities to decide what is worthy of public discourse and what must be silenced.
I wonder what is considered "legal content". If I sent them a 30 minute video of bulls humping cows would they have to show it?