Veterans Group To Pentagon: Ban Fox News On Military Bases

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93. as a matter of first amendment jurisprudence

state and local governments that grant franchises to cable operators to provide cable service cannot demand that those cable operators carry or not carry specific channels because of the content of the channels.

This principal is embodied in 47 USC 544 which provides, among other things, that a government franchising authority may not establish requirements for video programming beyond enforcing requirements, agreed to by the cable operator, to provide broad categories" of video programming. In other words, the franchise might provide that the cable operator has to provide news channels, but cannot specify which news channels are provided.

Most domestic military bases are served by cable operators operating pursuant to franchise agreements entered into between a cable operator and the base and are subject to the same legal provisions as cable franchises entered into by state and local governments.