(DOWNLOAD) "Reassessing Turner and Litigating the Must-Carry Law Beyond a Facial Challenge." by Federal Communications Law Journal ~ eBook PDF Kindle ePub Free

eBook details

Title: Reassessing Turner and Litigating the Must-Carry Law Beyond a Facial Challenge.
Author : Federal Communications Law Journal
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 325 KB

Description

I. INTRODUCTION 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 operators and cable programmers, Congress revised the Federal Communications Commission ("FCC") rules in the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"). (1) In 1997, the Supreme Court determined that the must-carry law was constitutional under an intermediate scrutiny test. (2) The Court's decision was ultimately based on the determination that Congress relied on substantial evidence when inferring that broadcasters would be hurt without the must-carry rules. However, does the Turner II (3) decision preclude further First Amendment challenges to the must-carry rules?