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Turner Broadcasting System, Inc. v. Federal Communications Commission

520 U.S. 180 (1997)

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Turner Broadcasting System, Inc. v. Federal Communications Commission

United States Supreme Court

520 U.S. 180 (1997)

Facts

This was the second appeal to the Supreme Court in this case regarding the constitutionality of the Cable Television Consumer Protection and Competition Act of 1992. This statute required cable providers to carry local broadcasting stations. The requirement was referred to as the must-carry provision. In the first decision, the United States Supreme Court reversed the trial court’s decision granting summary judgment to the United States (defendant), holding that there were disputes over material facts. On remand, the trial court oversaw 18 months of developing the record, including materials from the three years of hearings before Congress prior to the enactment of the statute. The trial court ruled that the statute was constitutional.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

Concurrence (Breyer, J.)

Dissent (O’Connor, J.)

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