Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 30 (1994)

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Cite as: 512 U. S. 622 (1994)

Opinion of the Court

(1982), modified, 97 F. C. C. 2d 255 (1984). What is important for present purposes, however, is that noncommercial licensees are not required by statute or regulation to carry any specific quantity of "educational" programming or any particular "educational" programs. Noncommercial licensees, like their commercial counterparts, need only adhere to the general requirement that their programming serve "the public interest, convenience or necessity." En Banc Programming Inquiry, 44 F. C. C. 2d 2303, 2312 (1960). The FCC itself has recognized that "a more rigorous standard for public stations would come unnecessarily close to impinging on First Amendment rights and would run the collateral risk of stifling the creativity and innovative potential of these stations." Public Broadcasting, supra, at 751; see also Public Radio and TV Programming, 87 F. C. C. 2d 716, 728-729, 732, ¶¶ 29-30, 37 (1981); Georgia State Bd. of Ed., 70 F. C. C. 2d 948 (1979).

In addition, although federal funding provided through the

Corporation for Public Broadcasting (CPB) supports programming on noncommercial stations, the Government is foreclosed from using its financial support to gain leverage over any programming decisions. See 47 U. S. C. § 396(g) (1)(D) (directing CPB to "carry out its purposes and functions and engage in its activities in ways that will most effectively assure the maximum freedom of the public telecommunications entities and systems from interference with, or control of, program content or other activities"), § 398(a) (CPB operates without interference from any department, agency, or officer of the Federal Government, including the FCC).

Indeed, our cases have recognized that Government regulation over the content of broadcast programming must be narrow, and that broadcast licensees must retain abundant discretion over programming choices. See FCC v. League of Women Voters of Cal., 468 U. S., at 378-380, 386-392 (invalidating under the First Amendment statute forbidding any noncommercial educational station that receives a grant

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