Comcast of Maine/New Hampshire v. Mills, No. 20-1104 (1st Cir. 2021)Annotate this Case
The First Circuit affirmed the judgment of the district court granting a preliminary injunction against enforcement against a State of Maine law requiring cable operators to offer their subscribers the option of buying access to cable programs and channels individually, rather than bundled together in a channel or package of channels, holding that the district court did not err.
Plaintiffs, a group of cable operators and programmers, sought a preliminary injunction against enforcement of the law, arguing that it was preempted by certain provisions of the federal Communications Act and that it violated the First Amendment. The district court granted the injunction on First Amendment grounds. The First Circuit affirmed, holding (1) the district court correctly determined that the law triggered heightened First Amendment scrutiny because it singled out cable operators; and (2) because Maine conceded that, at this point in the litigation, it had not offered sufficient evidence in support of the law to survive any heightened level of scrutiny, the district court correctly entered a preliminary injunction delaying enforcement of the law.