Halleck v. Manhattan Community Access Corp.: The Second Circuit Ignores Precedent, Creating Intra-Circuit and Inter-Circuit Splits on What Constitutes a Public Forum

Note by Peter C. Rathmell

In this note, Peter C. Rathmell analyzes the United States Court of Appeals for the Second Circuit's decision in Halleck v. Manhattan Community Access Corp., 882 F.3d 300 (2d Cir. 2018), cert granted 139 S. Ct. 360 (2018), holding that when it comes to public access channels, cable providers are state actors subject to First Amendment restrictions because public access channels are the modern rendition of the public forum.

About the Author

Peter C. Rathmell: J.D. candidate 2020, Tulane University Law School; B.A. 2017, Washington and Lee University.


93 Tul. L. Rev. 1297 (2019)