TURNER BROADCASTING SYSTEM, INC. V. FEDERAL COMMUNICATIONS COMMISSION 512 U.S. 622 (1994) CASE BRIEF

TURNER BROADCASTING SYSTEM, INC. V. FEDERAL COMMUNICATIONS COMMISSION

512 U.S. 622 (1994)

NATURE OF THE CASE: The Cable Television Consumer Protection and Competition Act of 1992 requires cable television systems to devote a portion of their channels to the transmission of local broadcast television stations. This case presents the question whether these provisions abridge the freedom of speech or of the press, in violation of the First Amendment.

FACTS: Congress enacted the Cable Television Consumer Protection and Competition Act. Cable systems with more than 12 active channels, and more than 300 subscribers, are required to set aside up to one-third of their channels for commercial broadcast stations that request carriage. Cable systems with more than 300 subscribers, but only 12 or fewer active channels, must carry the signals of three commercial broadcast stations. A cable operator may not charge a fee for carrying broadcast signals in fulfillment of its must-carry obligations. The Act imposes similar requirements regarding the carriage of local public broadcast television stations, referred to in the Act as local 'noncommercial educational television stations.' Congress found that the physical characteristics of cable transmission, compounded by the increasing concentration of economic power in the cable industry, are endangering the ability of over-the-air broadcast television stations to compete for a viewing audience, and thus for necessary operating revenues. Congress determined that regulation of the market for video programming was necessary to correct this competitive imbalance. Appellants (Ps) filed these five consolidated actions challenging the constitutionality of the must-carry provisions. Ps filed a motion for summary judgment. In a divided opinion, the Court granted summary judgment in favor of the Government ruling that the must-carry provisions are consistent with the First Amendment. Ps appealed.

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LEGAL ANALYSIS:

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