THE CONSTITUTIONAL RIGHT TO WATCH TELEVISION: ANALYZING THE DIGITAL SWITCHOVER IN THE CONTEXT OF THE FIRST AMENDMENT

Ho posits that TV owners who rely exclusively on over-the-air (OTA) broadcasting have a constitutional right to receive information and thus stresses the importance of an adequate converter box program. He traces the history of the digital television transition in the United States and then examines...

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Bibliographic Details
Published inThe American University law review Vol. 57; no. 1; p. 179
Main Author Ho, Eugene
Format Journal Article
LanguageEnglish
Published Washington American University Law Review 01.10.2007
Subjects
Civil rights
Digital broadcasting
Federal legislation
First Amendment-US
Public safety
United States > US
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Summary:Ho posits that TV owners who rely exclusively on over-the-air (OTA) broadcasting have a constitutional right to receive information and thus stresses the importance of an adequate converter box program. He traces the history of the digital television transition in the United States and then examines the current digital switchover plan and its potential impact on OTA-only households. He also explores the constitutionality of the DTV transition, using First Amendment public forum analysis to argue that the federal government cannot restrict access to television broadcasting unless it does so pursuant to a significant state interest and a narrowly tailored means to achieve this interest, while also leaving open ample alternative channels for communication.
ISSN:0003-1453
1943-5673