Someone has to set CNN Policy

[Mark Tushnet]

I'd just like to note, in connection with Eugene's (largely correct)
observation that identifying who makes policy isn't a constitutional
matter, that Bobby Lipkin was, I thought, raising a question of
political morality of the same sort raised in the immediately preceding
thread in connection with the propriety of vigorous heckling or the
appropriateness of adopting an ordinance against taking more than a
specified number of free newspapers.  (This suggests, incidentally, that
it might not be as easy as one might think to keep questions of
constitutional law and political morality separate -- it's just that
people's sensitivities about the need to draw a line between them are
triggered by different facts.)

(My parenthetical "largely correct" is there because identifying who
makes policy can become a constitutional question when one places under
constitutional scrutiny the "ordinary" or common law of property -- as
occurs in connection with the state action doctrine and the public forum
doctrine.)
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