Document Type
Note
Publication Date
3-2008
Publication Citation
60 Federal Communications Law Journal 359 (2008)
Abstract
In recent decades, the must-carry rules have had a troubled constitutional history. After two sets of rules were struck down by the D.C. Circuit for violating the First Amendment rights of both cable programmers and operators, Congress revised the must-carry rules in the 1992 Cable Act. In 1997, the Supreme Court, in a 5-4 decision, determined that the congressional must-carry law was facially constitutional. However, does the Turner II decision preclude further First Amendment challenges to the must-carry law? This Note argues that the answer is no and that the time is drawing near for new challenges.
Recommended Citation
Warner, R. Matthew
(2008)
"Reassessing Turner and Litigating the Must-Carry Law Beyond a Facial Challenge,"
Federal Communications Law Journal: Vol. 60:
Iss.
2, Article 6.
Available at:
https://www.repository.law.indiana.edu/fclj/vol60/iss2/6
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