On February 24, 2021, the First Circuit upheld a preliminary injunction against a Maine law that forces cable-television providers to offer channels, and even individual programs, à la carte. A group of cable providers sued Maine, arguing that the new law violates their First Amendment rights and clashes with provisions of the federal Cable Act. The district court granted a preliminary injunction on First Amendment grounds. The First Circuit agreed that the law implicates the First Amendment and triggers heightened judicial scrutiny because it “singles out” cable operators. At this stage of the proceeding, the appeals court held, Maine could not survive such scrutiny on the limited record before the court. The case will be remanded to the district court for trial on the merits.
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