Article
The Evolution of the Intermediate Scrutiny Standard and the Rise of the Bottleneck "Rule" in the Turner Decisions
Communication Law and Policy
(2010)
Abstract
The so-called "bottleneck" standard or monopoly rule was developed by the Supreme Court of the United States in Turner Broadcasting v. FCC (1997) and allowed the Court to uphold legislation that favored the economic and speech interests of the broadcast industry over those of the cable industry. The Court's formation of the bottleneck standard is supported by a set of judicial opinions, including plurality decisions, that have adopted a revisionist reading of the intermediate scrutiny standard enunciated in United States v. O'Brien. This reading has resulted in a splintering of established precedent defining the O'Brien standard and supports the contention that law is a function of the analogies used, definitions applied and assumptions employed by those who have participated and prevailed in the adjudication process.
Keywords
- intermediate scrutiny,
- bottleneck,
- Turner Broadcasting v. FCC,
- Cable Industry
Disciplines
Publication Date
Summer June 8, 2010
Citation Information
Nancy J. Whitmore. "The Evolution of the Intermediate Scrutiny Standard and the Rise of the Bottleneck "Rule" in the Turner Decisions" Communication Law and Policy (2010) Available at: http://works.bepress.com/nancy_whitmore/16/