Turner Broadcasting System, Inc. v. FCC

Turner Broadcasting System, Inc. v. FCC is the general title of two rulings of the United States Supreme Court on the constitutionality of must-carry regulations enforced by the Federal Communications Commission on cable television operators.

[5] In 1993 the District Court rejected those arguments and held that the must-carry rules were a type of economic regulation in which Congress employed "its regulatory powers over the economy to impose order upon a market in dysfunction."

[7] Furthermore, courts had also determined that cable television operators had obligations to local communities due to the burdens of building network infrastructure.

That court then reached the same conclusion that it had in 1993, with evidence that the impacts of the must-carry regulations were purely economic with no significant burden on content or the free speech rights of cable companies.

Again exercising a less demanding intermediate scrutiny analysis for non-content-based regulations, the District Court held that the government had an important interest in preserving local broadcast TV channels.

[2] After the Supreme Court's final ruling in 1997 on the constitutionality of must-carry cable regulations, the enforcement of such regulations by the FCC was deemed essential in prolonging the viability of local television channels in an unfavorable media landscape, while cable networks rapidly expanded in capacity and being required to carry local channels became less of a technological burden.

[13][14] The case was influential throughout the era in which cable was the dominant format for consumer television, but its applicability for later digital and streaming systems is uncertain.