TURNER BROADCASTING SYSTEM, INC. v. FCC

No. 93-44.

512 U.S. 622 (1994)

TURNER BROADCASTING SYSTEM, INC., et al. v. FEDERAL COMMUNICATIONS COMMISSION et al.

United States Supreme Court.

Decided June 27, 1994.


Attorney(s) appearing for the Case

H. Bartow Farr III argued the cause for appellants. With him on the briefs for appellant National Cable Television Association, Inc., were Joel I. Klein and Richard G. Taranto. Bruce D. Sokler, Peter Kimm, Jr., Gregory A. Lewis, Mary Ann Zimmer, Christopher Fager, Bruce D. Collins, and Neal S. Grabell filed a brief for appellants Turner Broadcasting System, Inc., et al. John P. Cole, Jr., and Kenneth Farabee filed a brief for appellant Daniels Cablevision, Inc. Albert G. Lauber, Jr., Peter Van N. Lockwood, Dorothy L. Foley, Judith A. McHale, and Barbara S. Wellbery filed a brief for appellants Discovery Communications, Inc., et al. Robert D. Joffe, Stuart W. Gold, Edward J. Weiss, Brian Conboy, and Theodore Case Whitehouse filed a brief for appellant Time Warner Entertainment Co.

Solicitor General Days argued the cause for appellees. With him on the brief for the federal appellees were Assistant Attorney General Hunger, Deputy Solicitor General Wallace, Christopher J. Wright, Douglas N. Letter, Bruce G. Forrest, and Jonathan R. Siegel. Mark H. Lynch, Richard W. Buchanan, Marilyn Mohrman-Gillis, Paula A. Jameson, and Nancy Howell Hendry filed a brief for appellees Association of America's Public Television Stations et al. Rex E. Lee, Carter G. Phillips, Robert A. Beizer, Mark D. Hopson, and James J. Popham filed a brief for appellee Association of Independent Television Stations, Inc. Angela J. Campbell, Elliot M. Mincberg, Andrew Jay Schwartzman, and Gigi B. Sohn filed a brief for appellees Consumer Federation of America et al. Bruce J. Ennis, Jr., David W. Ogden, Donald B. Verrilli, Jr., Ann M. Kappler, Nory Miller, Benjamin F. P. Ivins, Jack N. Goodman, and Kathleen M. Sullivan filed a brief for appellee National Association of Broadcasters.*

Kennedy, J., announced the judgment of the Court and delivered the opinion for a unanimous Court with respect to Part I, the opinion of the Court with respect to Parts II—A and II—B, in which Rehnquist, C. J., and Blackmun, O'Connor, Scalia, Souter, Thomas, and Ginsburg, JJ., joined, the opinion of the Court with respect to Parts II—C, II—D, and III—A, in which Rehnquist, C. J., and Blackmun, Stevens, and Souter, JJ., joined, and an opinion with respect to Part III—B, in which Rehnquist, C. J., and Blackmun and Souter, JJ., joined. Blackmun, J., filed a concurring opinion, p. 669. Stevens, J., filed an opinion concurring in part and concurring in the judgment, p. 669. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Scalia and Ginsburg, JJ., joined, and in Parts I and III of which Thomas, J., joined, p. 674. Ginsburg, J., filed an opinion concurring in part and dissenting in part, p. 685.


Justice Kennedy announced the judgment of the Court and delivered the opinion of the Court, except as to Part III—B.

Sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992 require 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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases