Charter Communications Inc. v. National Association of African American-Owned Media

(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.