Appendix 25HTurner Broadcasting System, Inc. v. FCC (Turner I)Turner Broadcasting System, Inc. v. FCC (Turner II)

512 U.S. 622 (1994); 520 U.S. 180 (1997)

The Cases

In 1992, Congress passed the Cable Television Consumer Protection and Competition Act (Cable Act), which, among its many provisions, established the right of broadcast television stations to claim carriage on cable systems in their local markets. Cable companies challenged this “must-carry” provision in court, arguing that it violated their First Amendment rights. The Supreme Court disagreed and upheld the law as constitutional.

In Turner I, the Court determined that the must-carry requirement was content neutral and thus subject to “intermediate” First Amendment scrutiny, i.e., ...

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