Charter Can't Claim 1st Amendment in Discrimination Claims, PK Says
Charter Communications can't claim First Amendment protection for not doing business with Entertainment Studios Networks (ESN) in the programmer's Civil Rights Act complaint against the MVPD, Public Knowledge said in a docket 17-55723 amicus brief filed Sunday with the 9th…
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U.S. Circuit Court of Appeals. It also said the First Amendment for the most part doesn't provide protection against laws of general applicability, and cable communications -- by being commercial -- are subject to a lesser degree of protection. PK said Charter's First Amendment argument is part of a trend by corporate litigants to use that claim for deregulatory purposes "rather than for protecting genuine free expression." Charter didn't comment Tuesday. It's appealing a U.S. District Court 2016 rejection of Charter's bid to have an ESN/National Association of African American Owned Media (NAAAOM) discrimination lawsuit tossed out (see 1710260006). Separately before the 9th Circuit is an ESN/NAAAOM appeal of a lower court's 2016 dismissal of similar racial discrimination claims against Comcast (see 1704170017).