Legal Opinion
Robert Horton, Nationalist Television, a Texas Non-Profit Corporation and Barry Hackney v. City of Houston, Texas and Access Houston Cable Corporation
Court of Appeals for the Fifth Circuit
Decided June 18, 1999No. 98-20031PublishedCited by 61 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
At issue in this appeal is whether Access Houston Cable Corporation (“Access”), a “PEG” cable channel, 1 can, consistent with the First Amendment, charge a fee to cable-cast programs not “locally produced” in and around Houston, Texas. We conclude that Access Houston’s fee requirement is a content-neutral regulation which implements a significant governmental interest in promoting localism, but Access has not met its burden of proving that the fee is narrowly tailored to serve that interest. We therefore reverse the grant of summary judgment and remand for…
2Cases cited15 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. O'BrienSupreme Court of the United States · 1968
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
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3Cited by61 opinions
- Keenan v. TejedaCourt of Appeals for the Fifth Circuit · 2002
- Deborah Morris v. Dillard Department Stores, Inc, Dillard Department Stores, Inc Liberty Mutual Insurance Co R.W. Brown City of Bossier CityCourt of Appeals for the Fifth Circuit · 2001
- Blow v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2001
- Hall v. ThomasCourt of Appeals for the Fifth Circuit · 1999
- Fairchild v. Liberty Independent School DistrictCourt of Appeals for the Fifth Circuit · 2010
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