Charter Communications Inc. v. National Association of African American-Owned Media
Petition for certiorari granted, judgment vacated and case remaned to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of Comcast Corp. v. National Association of African American-Owned Media, on March 30, 2020
Issues: (1) Whether, in accordance with the Supreme Court’s directive that “but-for” causation is the default rule for federal anti-discrimination statutes, the implied cause of action under 42 U.S.C. § 1981 enacted in the Civil Rights Act of 1866 imposes a but-for standard of causation or instead incorporates the “motivating factor” standard first created in the late 20th century for Title VII claims; and (2) whether a cable operator has a First Amendment right to include racial considerations among the factors it evaluates in making editorial determinations as to what programming to carry on its limited bandwidth.
