Taxation of cable television: First Amendment limitations

Article Abstract:

Applying the intermediate scrutiny test for free speech restrictions as set forth in Turner Broadcasting System v. FCC to state and local taxation of cable television operators would address the concerns that such taxation could abridge First Amendment rights. The US Supreme Court had not considered the public's First Amendment interest in access to the airwaves in Leathers v. Medlock. The Court ruled in Turner that the public's free speech concerns warranted heightened scrutiny of differential taxation of various forms of media, including cable television.

Taxation, Laws, regulations and rules, Cable television, Commercial speech doctrine, Mass media

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Deference to legislative fact determinations in First Amendment cases after Turner Broadcasting

Article Abstract:

The US Supreme Court's decisions in the Turner Broadcasting System v. United States cases are detrimental to free expression with the approaches adopted regarding judicial deference to legislative fact determinations. The inadequate and inappropriate approaches are either piecemeal or imported from other areas of law. The 1st Amendment can better be protected by an approach which acknowledges legislative competence while subjecting legislative fact determinations to judicial review based upon the record in each case.

Judicial review, Law and fact, Judicial restraint

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First Amendment - bias-motivated crimes - court strikes down hate crimes penalty enhancer statute

Article Abstract:

The Wisconsin Supreme Court in State v Mitchell applied R.A.V. v City of St Paul in striking down the state penalty enhancement statute for hate crimes. However, the court's application of the First Amendment to criminal motive was inappropriate. The court also misapplied R.A.V.'s holding, which concerned restrictions on speech based on content. The hate crimes statute increased penalties for otherwise punishable crimes and clearly fell within the exceptions provided by the US Supreme Court in the R.A.V. decision.

Hate crimes

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