May cable television stations restrict or regulate extremists who want to appear on public access programming?
No, a cable station may not restrict or regulate extremists who want to appear on public access television any more than it may restrict or regulate any other group. To treat the extremists differently would be to discriminate based on the content of their message. It is permissible, however, for a public access channel to charge a user fee to a person or group seeking to air a program, as long as program content is not part of the fee criteria. Though a cable system need not maintain a public access channel, the Cable Act of 1984 states that, when it does, the cable operator may not exercise any editorial control over a public access show’s content. Cable stations, however, may issue disclaimers stating that they do not support the program’s views and they may solicit and produce counter-programming. A cable system also can make reasonable decisions about how frequently a program is shown, or how frequently an individual producer or sponsor can present his material. Further, it can pr
