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COMCAST OF MAINE/NEW HAMPSHIRE, INC. v. MILLS

No. 20-1104.

988 F.3d 607 (2021)

COMCAST OF MAINE/NEW HAMPSHIRE, INC.; A&E Television Networks, LLC; C-SPAN; CBS Corp.; Discovery, Inc.; Disney Enterprises, Inc.; Fox Cable Network Services, LLC; NBCUniversal Media, LLC; New England Sports Network, LP; Viacom, Inc., Plaintiffs, Appellees, v. Janet MILLS, in her official capacity as the Governor of Maine; Aaron Frey, in his official capacity as the Attorney General of Maine, Defendants, Appellants, City of Bath, Maine; Town of Berwick, Maine; Town of Bowdoin, Maine; Town of Bowdoinham, Maine; Town of Brunswick, Maine; Town of Durham, Maine; Town of Eliot, Maine; Town of Freeport, Maine; Town of Harpswell, Maine; Town of Kittery, Maine; Town of Phippsburg, Maine; Town of South Berwick, Maine; Town of Topsham, Maine; Town of West Bath, Maine; Town of Woolwich, Maine, Defendants.

United States Court of Appeals, First Circuit.

February 24, 2021.

Attorney(s) appearing for the Case

Christopher C. Taub , Deputy Attorney General of the State of Maine, with whom Aaron M. Frey , Attorney General of the State of Maine, was on brief, for appellants.

Matthew A. Brill , with whom Melissa Arbus Sherry , Washington, DC, was on brief, for appellees.

Kelly M. Klaus , San Francisco, CA, Donald B. Verrilli, Jr. , and Elaine J. Goldenberg , Washington, DC, on brief for WarnerMedia, LLC, amicus curiae.

Corbin K. Barthold , Los Angeles, CA, and Cory L. Andrews on brief for Washington Legal Foundation, amicus curiae.

John Ulin , James S. Blackburn , and Oscar Ramallo , Los Angeles, CA, on brief for Motion Picture Association, Inc., amicus curiae.

Before Lynch and Lipez, Circuit Judges.

Maine passed a law in 2019 requiring cable operators to offer their subscribers the option of buying access to cable programs and channels individually, rather than bundled together in a channel or package of channels. A group of cable operators and programmers sued and sought a preliminary injunction against enforcement of...

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