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No. 17-1702October Term 2018Decided Jun 17, 2019

Docket 17-1702October Term 2018 (2018–2019)

Manhattan Community Access Corp. v. Halleck

This case is about whether Manhattan Neighborhood Network, a private nonprofit chosen by New York City to run public-access cable channels, can be treated like the government for First Amendment purposes after it suspended producers who aired a film criticizing it.

Case status

Current stage
Decided
Latest event
Decision released Jun 17, 2019
Case Accepted
Arguments
Decision ReleasedJun 17, 2019
What it's about

This case is about whether Manhattan Neighborhood Network, a private nonprofit chosen by New York City to run public-access cable channels, can be treated like the government for First Amendment purposes after it suspended producers who aired a film criticizing it. The dispute turns on whether operating public-access channels makes a private entity a state actor subject to constitutional free-speech limits.

Question presented

1. Whether the Second Circuit erred in rejecting this Court's state actor tests and instead creating a per se rule that private operators of public access channels are state actors subject to constitutional liability. 2. Whether the Second Circuit erred in holding- contrary to the Sixth and D.C. Circuits- that private entities operating public access television stations are state actors for constitutional purposes where the state has no control over the private entity's board or operations.

Case path

United States Court of Appeals for the Second Circuit / Decision released Jun 17, 2019

Area

First Amendment

Timing

Decided June 17, 2019

The Court released its decision on June 17, 2019 without hearing oral argument.