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Legal Principle at Issue

Whether a private nonprofit corporation that operates public access television channels is a “state actor” subject to the First Amendment.

Action

Petitioner Manhattan Neighborhood Network is not a state actor subject to the First Amendment.

Facts/Syllabus

New York state law requires cable operators to set aside channels on their cable systems for public access. Those channels are operated by the cable operator unless the local government chooses to itself operate the channels or designates a private entity to operate the channels. New York City has designated a private nonprofit corporation, petitioner Manhattan Neighborhood Network, to operate the public access channels on Time Warner’s cable system in Manhattan. Respondents DeeDee Halleck and Jesus Papoleto Melendez produced a film critical of MNN to be aired on the network's public access channels. MNN televised the film but later suspended Halleck and Melendez from all the network's services and facilities. The producers sued, claiming MNN violated their First Amendment free-speech rights when it restricted their access to the public access channels because of the content of their film. A federal district court dismissed the claim on the ground that MNN is not a state actor and therefore is not subject to First Amendment constraints on its editorial discretion. Reversing in relevant part, the U.S. Court of Appeals for the Second Circuit concluded that MNN is a state actor subject to First Amendment constraints.

Importance of Case

In a 5-4 decision, the Supreme Court concluded private entities do not become state actors merely because they provide a forum for speech, even if the forum is designated by the government and serves a public function. This case narrowed the definition of state action and clarified that not all organizations performing services with a public purpose are subject to constitutional constraints like the First Amendment.