Tuesday, February 26, 2019

Argument analysis: No clear resolution on whether First Amendment applies to public-access channels - SCOTUSblog

Argument analysis: No clear resolution on whether First Amendment applies to public-access channels - SCOTUSblog

The US Supreme Court just heard arguments in a case dealing with whether a not-for-profit corporation can be a "state actor" for purposes of applying constitutional rights. I will be watching this closely to see if the ruling has any implications for CIDs, especially big HOAs.



"The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared to be divided, and two justices – Clarence Thomas and Neil Gorsuch – asked no questions at all."

If you would like to read more about Manhattan Community Access Corp. v. Halleck, follow the link.