2nd Circ. Says FCC Cable Rules Don't Violate Free Speech

Law360, New York (September 4, 2013, 8:40 PM EDT) -- The Second Circuit on Wednesday rejected Time Warner Cable's charge that federal rules aimed at preventing cable providers from discriminating against independent channels violated the First Amendment, but also ordered regulators to reconsider one aspect of the program.

The appeals court ruled that the Federal Communications Commission's program carriage rules — which try to limit discrimination against unaffiliated channels in favor of those owned by the cable company — didn't amount to an unconstitutional intrusion into the right to decide what “speech” will be broadcast....
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