posted on Jun, 14 2004 @ 10:05 PM
Turner Broadcasting System, Inc. v. Federal Communications Commission (docket no. 95-992)
Argued: October 7, 1996
Decided: March 31, 1997
Issue: Can the federal government require cable operators to carry a certain number of commercial and non-commercial broadcast stations without
violating the First Amendment?
Summary: This case is a follow up from the U.S. Supreme Court's decision in Turner v. FCC, 1994, in which the court decided that the "must carry"
provisions for cable TV operators should be given less than strict scrutiny, since the restrictions are content neutral.
Turner Broadcasting System, Inc., a cable provider, argues that the "must carry" provision is content-based discrimination because it favors
broadcast TV over cable.
Decision: The high court concludes that the "must carry" provisions of the Cable Television Consumer Protection and Competition Act of 1992 are
consistent with the First Amendment. The government's interests which are met with the "must carry" provisions do not substantially burden speech,
said the court.