Denver Area Ed. Telecommunications Consortium, Inc. v. FCC, 518 U.S. 727, 100 (1996)

Page:   Index   Previous  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  Next

826

DENVER AREA ED. TELECOMMUNICATIONS CONSORTIUM, INC. v. FCC

Opinion of Thomas, J.

to expand the speaking opportunities of access programmers, but does not independently burden the First Amendment rights of programmers or viewers.

C

Petitioners argue that public access channels are public forums in which they have First Amendment rights to speak and that § 10(c) is invalid because it imposes content-based burdens on those rights. Brief for Petitioners New York Citizens Committee for Responsible Media et al. in No. 95- 227, pp. 8-23; Brief for Petitioners Alliance for Community Media et al. in No. 95-227, pp. 32-35. Though I agree that content-based prohibitions in a public forum "must be narrowly drawn to effectuate a compelling state interest," Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 46 (1983), I do not agree with petitioners' antecedent assertion that public access channels are public forums.

We have said that government may designate public property for use by the public as a place for expressive activity and that, so designated, that property becomes a public forum. Id., at 45. Petitioners argue that "[a] local government does exactly that by requiring as a condition of franchise approval that the cable operator set aside a public access channel for the free use of the general public on a first-come, first-served, nondiscriminatory basis." 9

9 In Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 829-830 (1995), we found the university's student activity fund, a nontangible channel of communication, to be a limited public forum, but generally we have been quite reluctant to find even limited public forums in such channels of communication. Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U. S. 788, 804 (1985) (Combined Federal Campaign not a limited public forum); Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 47-48 (1983) (school mail facilities not a limited public forum). In any event, we certainly have never held that public access channels are a fully designated public forum that entitles programmers to freedom from content-based distinctions.

Page:   Index   Previous  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  Next

Last modified: October 4, 2007