Matter of Clear Channel Communications

In Matter of Clear Channel Communications (Albany County Ct, Mar. 3, 1999, Rosen, J.), a holding adopted by Justice Williams in Matter of Regional News Network (Sup Ct, Bronx County, June 4, 1999, No. 1814/99), the court found that: "CCCI's argument against the constitutionality of 521 on free speech and equal protection grounds can only be categorized by this Court as comprehensive and extraordinarily persuasive." Judge Rosen went on to state: "This Court cannot help but basically agree that the Holmesian 'felt necessitates of time' have not well treated 52's original intent. It has been powerfully argued, in [CCCI's] submission, that 52 of the Civil Rights Law is hopelessly anachronistic and needs a permanent shelving, not merely the just completed ten (10) year experimental amendment. This court can hardly envision any serious argument that a rational basis can be crafted to justify what appears to be clear discrimination against the electronic media." (Supra.)