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Constitutional Law Keyed to Choper
Turner Broadcasting System, Inc. v. FCC (Turner II)
Citation:
520 U.S. 180 (1997)Facts
The Cable Act of 1992 required cable television systems to carry local broadcast television stations. Congress enacted these must-carry provisions based on concerns that the increasing market power of cable operators threatened the viability of broadcast television. Cable operators and programmers challenged the constitutionality of these provisions, arguing they violated First Amendment rights by forcing cable operators to transmit broadcast signals they might otherwise choose not to carry. After the Supreme Court’s initial review in Turner I, which established that intermediate scrutiny applied to these content-neutral regulations, the case was remanded for further factual development. On remand, the District Court compiled an extensive record of evidence regarding the cable and broadcast industries, the effects of must-carry, and the potential consequences if must-carry were eliminated. This evidence showed that cable operators had incentives to drop local broadcasters, that significant numbers of broadcast stations had been denied carriage before must-carry, and that stations without cable carriage faced financial difficulties that could lead to their failure.
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