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Capital Cities Cable v
Crisp
S. Ct. 1984
Author: Sam Biers
Relevant Facts: OK passed a
statute requiring all references to alcoholic beverages deleted
from cable television signals received and transmitted within the
state. The application aimed only at wine commercials on
cable programming.
Legal Issue(s): Whether OK statute,
following the 21st Amendment, is in conflict with
Federal regulatory cable laws, by requiring cable
television operators in that State to delete all advertisements
for alcoholic beverages contained in out of state signals they
re-transmit?
Court’s Holding: Yes
Procedure: Ct of App ruled in favor
Respondents, holding statute is applicable under 21st
Amendment over FCC regulations. S. Ct. Reversed.
Law or Rule(s): 21st
- The transportation or importation into any State for delivery,
or use therein of intoxicating liquors, in violation of the laws
thereof, is hereby prohibited.
Court Rationale: The 21st does
not license the States to ignore their obligations under other
provisions of the Constitution. The Federal government
retains authority under the Commerce Clause to regulate even
interstate commerce in liquor. The state has not attempted
to directly regulate the sale or use of liquor within its
borders, and therefor Federal authority prevails. The State’s
regulatory aims are narrow, aimed only at wine advertisements on
cable, not billboards, magazines, newspapers, etc. The purpose of
the Federal law is to ensure widespread availability of diverse
cable services throughout the U. S. Under these conditions
the Supremacy clause wins.
Plaintiff’s Argument: The statute only
has an indirect interest at banning wine from cable television
within the state, as such the interest is limited in comparison
to the 1st, 14th Amendment provisions.
Defendant’s Argument: The ban was
adopted pursuant to the 21st Amendment, and therefor
supercedes the FCC regulation and the C. Cl.
HOSTETTER&MIDCAL TEST : The interests
implicated by state regulation must be closely related to the
powers reserved by the 21st notwithstanding that its
requirements directly conflict with express federal policies.
The issues and interests at stake must undergo a pragmatic effort
to harmonize the state and federal powers.
Pragmatic - basic, practical
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