Media	Extent of Government Regulation	Obligation to Provide Access	Liability for Third Party Conduct or Speech
Newspapers and other print periodicals	Newspapers benefit from a number of protections (no prior restraint, exemption from monopoly rules, no differential taxes)	No obligation to provide access (Miami Herald v. Tornillo). Newspapers have complete editorial control--and duty to use it	Newspapers are usually liable for what they publish, regardless of source. But distributors often not liable (Smith v. CA)
Broadcasters	Broadcasting requires a license, which can be revoked based on regulatory standards.	Numerous obligations to provide access (equal opportunities doctrine, educational programming requirements, etc.)	Similar to newspapers, although there may be technological situations where the broadcaster lacked control (i.e., when broadcasting live)
Cable	Like broadcasting	The subject of significant debate, but less requirements than broadcasters	Similar to broadcasters
Telecommunications	Historically conceived of as a regulated monopoly, but deregulation rampant	As common carriers, required to take all comers	Telcos rarely liable for content disseminated over their wires
Real Property	Use of real property can be regulated, but too much regulation can be deemed a “taking”	Except in cases involving “company towns” and historic common carriage (i.e., inns), property owners have complete control over who can access their property	Property owners are liable for third party conduct generally only if they knew/should have known of the harmful conduct and failed to act
Online	Trend towards increased regulation	Some online services have claimed to be common carriers. Recent case held not state actors	Defamation and porn--depends on editorial control Copyright--currently generally liable
State actors	N/A	Depends on the type of public forum	Way too complicated!

By Eric Schlachter, Esq.

Cooley Godward, LLP

schlachtere@cooley.com