Manhattan Community Access Corporation v. Halleck
United States Supreme Court
139 S. Ct. 1921 (2019)
New York law required cable operator Time Warner to reserve public-access channels in Manhattan, operated on the city's behalf by Manhattan Neighborhood Network (MNN), a private entity run by Manhattan Community Access Corporation (MCAC) (defendants); MNN producers Deedee Halleck and Jesus Papoleto Melendez (plaintiffs) made a controversial film criticizing MNN's neglect of East Harlem communities, and after MNN suspended them, they sued alleging the suspension, based on the film's content, violated their First Amendment rights. The trial court dismissed, finding MNN wasn't a state actor, but the Second Circuit reversed in part, holding MNN was a state actor, and the Supreme Court granted review.
Whether the public-function exception to the state-action doctrine treats a private entity as a governmental actor only if it performs a function that is traditionally and exclusively public.