Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-1995 Regulating the Multi-Media Chimera: Electronic Speech Rights in the United States Allen S. Hammond IV Santa Clara University School of Law,
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[email protected]. Regulating the Multi-Media Chimera:* Electronic Speech Rights in the United States ALLEN S. HAMMOND** Introduction ................................ 2 I. Access, Electronic Speech, and Convergence ...... 18 A. Electronic Speech ..................... 18 1. Video Speech ..................... 18 2. Tele-Speech ...................... 19 3. Tele-Speech and Telecommunications Architecture ...................... 21 B. Constitutional Protection of Electronic Speech on Cable and Telephone Networks .......... 25 II. Convergence, Electronic Speech and Government Regulation .............................. 30 III. Convergence and The Regulation of Network Access in Cable and Telephony .................... 45 A. Mergers and Challenges ................. 45 B. Telco-Cable Cross-Ownership: Constraining Network Owner Market Entry and Access .... 47 1. A Brief History of Telco-Cable Cross-Ownership ................... 47 * The chimera is a mythological monster of divine origin. It was part lion, part goat and part dragon. THOMAS BULFINCH, BULFINCH'S MYTHOLOGY 918 (1979). The chimera provides an apt analogy for the converging telecommunications and video distribution media. One industry observer has already compared the multi-media phenomenon to the mythical beast.