Document Type
Article
Publication Date
4-2006
Publication Citation
58 Federal Communications Law Journal 281 (2006)
Abstract
This Article addresses the legal and policy implications of property rights in the digital must-carry issue. The Authors review must-carry regulations, present a traditional Fifth Amendment analysis of must-carry, address free speech implications of that property-based analysis, and show how property-based claims might influence future cable regulations and policies. The Authors conclude that while the Fifth Amendment claims are unlikely to succeed legally, they do contain significant rhetorical power that can help shift public policy in ways favorable to the cable industry.
Recommended Citation
Laughner, Nissa and Brown, Justin
(2006)
"Cable Operators' Fifth Amendment Claims Applied to Digital Must-Carry,"
Federal Communications Law Journal: Vol. 58:
Iss.
2, Article 4.
Available at:
https://www.repository.law.indiana.edu/fclj/vol58/iss2/4
Included in
Administrative Law Commons, Antitrust and Trade Regulation Commons, Communications Law Commons, Constitutional Law Commons, Legislation Commons