No. 95-992.

520 U.S. 180 (1997)

117 S.Ct. 1174

137 L.Ed.2d 369


Supreme Court of United States.

Decided March 31, 1997.

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 Richard G. Taranto, Daniel L. Brenner, Neal M. Gold berg, and Diane B. Burstein. Bruce D. Sokler, Christopher A. Holt, Bertram W. Carp, Bruce D. Collins, Neal S. Grabell, and James H. Johnson filed a brief for appellants Turner Broadcasting System, Inc., et al. Albert G. Lauber, Jr., Peter Van N. Lockwood, Judith A. McHale, and Diane L. Hofbauer filed a brief for appellants Discovery Communications, Inc., et al. Robert D. Joffe, Stuart W. Gold, Rowan D. Wilson, Brian Conboy, and Theodore Case Whitehouse filed a brief for appellant Time Warner Entertainment Co.

Acting Solicitor General Dellinger argued the cause for appellees. With him on the briefs for the federal appellees were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Wallace, Paul R. Q. Wolfson, Douglas N. Letter, Bruce G. Forrest, William E. Kennard, and Christopher J. Wright. Bruce J. Ennis, Jr., argued the cause and filed a brief for appellees National Association of Broadcasters et al. With him on the brief were Kit A. Pierson, Donald B. Verrilli, Jr., Thomas J. Perrelli, Jack N. Goodman, Benjamin F. P. Ivins, Kathleen M. Sullivan, and James J. Popham. Carolyn F. Corwin, Mark H. Lynch, Marilyn Mohrman-Gillis, and Paula A. Jameson filed a brief for appellees Association of America's Public Television Stations et al. Andrew Jay Schwartzman, Gigi B. Sohn, and Elliot M. Mincberg filed a brief for appellees Consumer Federation of America et al.

Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court, except as to a portion of Part II-A-1. Rehnquist, C. J., and Stevens and Souter, JJ., joined that opinion in full, and Breyer, J., joined except insofar as Part II-A-1 relied on an anti competitive rationale. Stevens, J.,filed a concurring opinion, p. 225. Breyer, J., filed an opinion concurring in part, p. 225. O'Connor, J., filed a dissenting opinion, in which Scalia, Thomas, and Ginsburg, JJ., joined, p. 229.

Justice Kennedy delivered the opinion of the Court, except as to a portion of Part II-A-1.

Sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992 require cable television systems to dedicate some of their channels to local broadcast television stations. Earlier in this case, we held the socalled "must-carry" provisions to be content-neutral restrictions on speech, subject to intermediate...

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