Turner Broadcasting System, Inc. v. FCC, 507 U.S. 1301, 4 (1993)

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1304

TURNER BROADCASTING SYSTEM, INC. v. FCC

Opinion in Chambers

(1969), however, we upheld the Federal Communications Commission's requirement that broadcasters cover public issues, and give each side of the issue fair coverage. Noting that there is a finite number of frequencies available, we stated that "[i]t is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the Government itself or a private licensee." Id., at 390. Although we have recognized that cable operators engage in speech protected by the First Amendment, Leathers v. Medlock, 499 U. S. 439, 444 (1991); Los Angeles v. Preferred Communications, Inc., 476 U. S. 488, 494 (1986), we have not decided whether the activities of cable operators are more akin to that of newspapers or wireless broadcasters. Id., at 494-495.

In light of these two lines of authority, it simply is not indisputably clear that applicants have a First Amendment right to be free from Government regulation. The application for an injunction pending appeal to this Court is therefore denied.

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