Time Warner Cable, Inc. v. Hudson

JENNIFER WALKER ELROD, Circuit Judge:

Time Warner Cable and Texas Cable Association appeal the district court’s grant of summary judgment that dismissed their claims that a Texas statute violates the First and Fourteenth Amendments of the Constitution or is preempted by federal law. Because the statute unjustifiably discriminates against a small number of incumbent cable providers in violation of the First Amendment, we REVERSE.

I

A

A cable provider relies on public rights-of-way and easements to build cable networks and provide video programming services to a municipality’s residents. “As a…