CAPITAL CITIES CABLE, INC. v. CRISP

No. 82-1795.

467 U.S. 691 (1984)

CAPITAL CITIES CABLE, INC., ET AL. v. CRISP, DIRECTOR, OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD

Supreme Court of United States.

Decided June 18, 1984


Attorney(s) appearing for the Case

Brent N. Rushforth argued the cause for petitioners. With him on the briefs for petitioners Cox Cable of Oklahoma City, Inc., et al., were John D. Matthews, David P. Fleming, and J. Christopher Redding. Timothy B. Dyk and Clyde A. Muchmore filed briefs for petitioner Capital Cities Cable, Inc.

Michael W. McConnell argued the cause pro hac vice for the Federal Communications Commission as amicus curiae in support of petitioners. With him on the brief were Solicitor General Lee, Deputy Solicitor General Bator, Richard G. Wilkins, Bruce E. Fein, and C. Grey Pash, Jr.

Robert L. McDonald, First Assistant Attorney General of Oklahoma, argued the cause for respondent. With him on the brief were Michael C. Turpen, Attorney General, and James B. Franks and Lynn Barnett, Assistant Attorneys General.*

Larry Derryberry filed a brief for S. A. N. E., Inc., as amicus curiae urging affirmance.

Briefs of amici curiae were filed for the State of Mississippi by Bill Allain, Attorney General, and Peter M. Stockett, Jr., Special Assistant Attorney General; for the American Advertising Federation et al. by Eric M. Rubin and Walter E. Diercks; for the American Newspaper Publishers Association et al. by Marshall J. Nelson, W. Terry Maguire, and Pamela J. Riley; and for the National League of Cities by Ross D. Davis, David R. Ohlbaum, and Henry Geller.


JUSTICE BRENNAN delivered the opinion of the Court.

The question presented in this case is whether Oklahoma may require cable television operators in that State to delete all advertisements for alcoholic beverages contained in the out-of-state signals that they retransmit by cable to their subscribers. Petitioners contend that Oklahoma's requirement abridges their rights under the First and Fourteenth Amendments and is pre...

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