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Turner Broadcasting System, Inc. Vs. Fcc

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  • US Supreme Court
  • Jan 12, 1994

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81 entries 3 linked 78 unlinked
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  1. Boos Vs. Barry US Supreme Court · Mar 22, 1988
  2. Burson Vs. Freeman US Supreme Court · Oct 08, 1991
  3. United States Vs. Eichman US Supreme Court · Jun 11, 1990
  4. U.S. 622 (1994) October Term, 1993 Syllabus Turner Broadcasting System, Inc., Et Al. V. Federal
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  5. a content-based regulation and sustained them under the intermediate standard of scrutiny set forth in United States v. O'Brien
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  6. demanded. The less rigorous standard of scrutiny now reserved for broadcast regulation, see Red Lion Broadcasting Co. v. FCC
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  7. or gatekeeper, control over most programming delivered into subscribers' homes. Miami Herald Publishing Go. v. Tornillo
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  8. U. S. 241 , and Pacific Gas & Elec. Go. v. Public
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  9. in a manner that carries the inherent risk of undermining First Amendment interests. Arkansas Writers' Project, Inc. v. Ragland
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  10. U. S. 221 , and Minneapolis Star & Tribune Co. v. Minnesota
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  11. or mountainous communities. The purpose was not to replace broadcast television but to enhance it. See United States v. Southwestern
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  12. very existence upon express permission from local governing authorities. See generally Community Communications Co. v. Boulder
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  13. proceeded to sustain the must-carry provisions under the intermediate standard of scrutiny set forth in United States v. O'Brien
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  14. speech, and they are entitled to the protection of the speech and press provisions of the First Amendment. Leathers v. Medlock
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  15. Los Angeles v. Preferred
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  16. more intrusive regulation of broadcast speakers than of speakers in other media. Compare Red Lion Broadcasting Co. v. FCC
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  17. U. S. 367 (1969) (television), and National Broadcasting Co. v. United
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  18. States, 319 U. S. 190 (1943) (radio), with Miami Herald Publishing Co. v. Tornillo
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  19. U. S. 241 (1974) (print), and Riley v. National
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  20. distinct approach to broadcast regulation rests upon the unique physical limitations of the broadcast medium. See FCC v. League
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  21. mechanism to divide the electromagnetic spectrum and assign specific frequencies to particular broadcasters. See FCC v. League
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  22. FCC v. National
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  23. see also Columbia Broadcasting System, Inc. v. Democratic
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  24. inception,5 we have declined to question its continuing validity as support for our broadcast jurisprudence, see FCC v. League
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  25. and see no reason to do so here. The broadcast 5 See, e. g., Telecommunications Research and Action Center v. FCC
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  26. and the other broadcast cases is inapt when determining the First Amendment validity of cable regulation. See Bolger v. Youngs
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  27. to shield a speech regulation from the First Amendment standards applicable to nonbroadcast media. See, e. g., Austin v. Michigan
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  28. Federal Election Comm'n v. Massachusetts
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  29. Miami Herald Publishing Co. v. Tornillo
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  30. such as Associated Press v. United
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  31. States, 326 U. S. 1 (1945), and Lorain Journal Co. v. United
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  32. a generally applicable law may or may not be subject to heightened scrutiny under the First Amendment, compare Cohen v. Cowles
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  33. Media Co., 501 U. S. 663 , 670 (1991), with Barnes v. Glen
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  34. Arkansas Writers' Project, Inc. v. Ragland
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  35. programmers, some measure of heightened First Amendment scrutiny is demanded. See Minneapolis Star & Tribune Co. v. Minnesota
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  36. of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal. See Leathers v. Medlock
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  37. U. S., at 449 (citing Cohen v. California
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  38. West Virginia Bd. of Ed. v. Barnette
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  39. Simon & Schuster, Inc. v. Members
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  40. Texas v. Johnson
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  41. Perry Ed. Assn. v. Perry
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  42. to utter or distribute speech bearing a particular message are subject to the same rigorous scrutiny. See Riley v. National
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  43. regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny, see Clark v. Community
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  44. Ward v. Rock
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  45. The purpose, or justification, of a regulation will often be evident on its face. See Frisby v. Schultz
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  46. speech from disfavored speech on the basis of the ideas or views expressed are content based. See, e. g., Burson v. Freeman
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  47. the ideas or views expressed are in most instances content neutral. See, e. g., Members of City Council of Los Angeles v. Taxpayers
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  48. Heffron v. International
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  49. its obligations under the Act by altering the programming it offers to subscribers. Cf. Miami Herald Publishing Co. v. Tornillo
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  50. may be content based if its manifest purpose is to regulate speech because of the message it conveys. United States v. Eichman
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