The first amendment as a sword: The positive liberty doctrine and cable must‐carry provisions

In 1994, the U.S. Supreme Court considered the constitutionality of Congress’ 1992 must‐carry provisions. The divided Court's opinion was inconclusive, but the reasoning of the justices highlights a broader theme. That theme, the notion of positive liberty, suggests that the proper role for government under the First Amendment is to become an active regulator in order to advance certain social interests. This study analyzes how the concept of positive liberty affected the differing constitutional visions expressed by the justices.