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Constitutional Law Keyed to Stone
Turner Broadcasting System, Inc. v. FCC
Citation:
512 U.S. 622 (1994)Facts
The Cable Television Consumer Protection and Competition Act of 1992 was enacted after Congress conducted three years of hearings on the structure and operation of the cable television industry. Congress found that the physical characteristics of cable transmission, combined with the increasing concentration of economic power in the cable industry, were endangering the ability of over-the-air broadcast television stations to compete for viewers and advertising revenue. Sections 4 and 5 of the Act required cable operators to carry a specified number of local broadcast television stations. Cable operators and programmers challenged these provisions, arguing they violated their First Amendment rights by forcing them to transmit speech they might otherwise choose not to carry. The District Court granted summary judgment for the government, finding the provisions were essentially economic regulation designed to create competitive balance in the video industry and redress anti-competitive practices.
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