First Amendment topicsAbout the First Amendment
Turner Broadcasting System, Inc. v. FCC (docket # 93-44) (1994)  [Findlaw]

Secondary Link Turner Broadcasting System, Inc. v. FCC  [Legal Information Institute]
Argument Date 01/12/1994
Decided 6/27/1994
Supreme Court Vote 3-6-0
Supreme Court Ruling First Amendment claim denied
IssueWhether federal law requiring that cable television systems devote a portion of their channels to transmission of local broadcast stations violates the First Amendment.
Case Summary & Additional Resources
Majority Opinion Kennedy, J. (except Part III-B)
Concurring Opinion Blackmun, J., Stevens, J. (concurring in part and in judgment), O'Connor (joined by Scalia, J., Ginsburg, J., & Thomas J. (in Parts I and III) concurring in part and dissenting in part), & Ginsburg J. (concurring in part and dissenting in part)
Lower Court DC Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
H. Bartow Farr

For Respondent
Drew S. Days

Ruling - Lower Court
819 F.Supp. 32
Baker, C. Edwin, "Turner Broadcasting: Content-Based Regulation of Persons and Presses," 1994 Sup. Ct. Rev. 57
Barron, Jerome, "Reading Turner through a Tornillo Lens," 13 Comm. Lawyer (1995)
Brenner, Cable Television and the Freedom of Expression, 1988 Duke L. J. 329
Fiss, Owen, "The Censorship of Television," in Bollinger, Lee & Stone, Geoffrey, ETERNALLY VIGILANT: FREE SPEECH IN A MODERN ERA (2002), pp. 256-283
Hawthorne, David & Monroe Price, "Rewiring the First Amendment: Meaning, Content and Public Broadcasting, 12 Cardozo Arts 7 Ent. L.J. 499 (1994)
Hearn, Ted, "The Real Story Behind Must-Carry" (3/22/04)

Price, Monroe, "Free Expression and Digital Dreams,: The Open and Closed Terrain of Speech," 22 Critical Inquiry 64 (1995)
Redish, Martin, "The Content Distinction in First Amendment Analysis," 34 Stan. L. Rev. 113 (1981)
Saylor, David, "Municipal Ripoff: The Unconstitutionality of Cable Television Franchise Feesa nd Access Support Payments," 35 Cath. U. L. Rev. 671 (1986)
Williams, Susan H., "Content Discrimination and the First Amendment," 139 U. Pa. L. Rev. 615 (1991)
de Sola Pool, Ithiel, TECHNOLOGIES OF FREEDOM (1983) pp. 151-188 (1983)
About this site
About the First Amendment
About the First Amendment Center
First Amendment programs
State of the First Amendment

First Reports
Supreme Court
First Amendment publications
First Amendment Center history
Freedom Sings™
First Amendment

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment

Lesson plans
Contact us
Privacy statement
Related links