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Cato Podcast

Public Access and Free Speech at SCOTUS

Cato Podcast

Cato Institute

Cato, Peace, Policy, Politics, Markets, Defense, Government, News, News Commentary, 424708, Immigration, Libertarian

4.5979 Ratings

🗓️ 19 June 2019

⏱️ 11 minutes

🧾️ Download transcript

Summary

In Manhattan Community Access Corporation v. Halleck, the Supreme Court affirms that private platforms are not state actors, and are therefore not subject to First Amendment constraints. Trevor Burrus comments.

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Transcript

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0:00.0

This is a

0:02.6

This is the Cato Daily Podcast for Wednesday, June 19th,

0:06.1

2019. I'm Keelah Brown. This week the Supreme Court handed down a decision

0:10.6

over whether a public access station contracted to the government is in fact the government,

0:16.5

at least for the purposes of enforcing the First Amendment. Cato is one of the first to file a brief in that case.

0:22.1

Trevor Burris comments. Yeah, it's one of the first to file a brief in that case. Trevor Burris comments.

0:24.1

Yeah, it's one of the core principles of Constitution

0:26.8

in general, which I think a lot of people understand.

0:29.8

I hope most people do that if you walk into Walmart and you have a shirt on this as F Walmart and they say you should leave, you can't say, hey man, first amendment because the first amendment is and other amendments to the Constitution is the law that governs

0:44.2

those that govern us and in most almost every instance individual person can't

0:49.4

violate or entity can't violate the Constitution.

0:52.6

So one of the first questions you have

0:54.2

when it comes to the First Amendment

0:55.8

is, was this the government who did this?

0:58.2

And we know, for example, that if you're a public university,

1:02.0

the First Amendment applies to you, but if you're a private university the First Amendment applies to you but if you're a private

1:03.7

university it doesn't apply to you but there's always some sort of between cases there are some

1:09.0

cases from last century over the last century that dealt with company towns back when there were towns

1:16.0

run by businesses and whether or not the First Amendment applied in those situations and they

1:20.9

have ruled that the First Amendment applies when a private entity is running a town.

1:26.0

But at other times they have said that the First Amendment doesn't apply to someone who runs a shopping mall, for example, that the shopping mall is not a state actor issue,

1:34.8

even though it includes permitting and land sales and things like that. So this case,

...

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