The Supreme Court case Turner Broadcasting System, Inc. v. Federal Communications Commission in 1996 revolved around the constitutionality of provisions requiring cable television systems to carry local commercial and noncommercial broadcast stations ("must-carry" rules). The court held that these requirements were constitutional as they served important governmental interests such as preserving free over-the-air broadcasting and promoting widespread dissemination of information from a variety of sources. The decision was based on intermediate scrutiny - a standard used in equal protection challenges which examines if the law or policy being challenged furthers an important government interest by means that are substantially related to that interest. In this context, it meant ensuring cable operators could not limit content diversity by favoring their own programming or programs for which they receive direct payment. This ruling affirmed Congress's power to regulate cable television and protect consumers' access to diverse information sources.

In the dissenting opinion for Turner Broadcasting System, Inc. v. Federal Communications Commission et al., Justice O'Connor, joined by Chief Justice Rehnquist and Justices Scalia and Thomas, argued that the majority's decision to uphold must-carry provisions was a violation of First Amendment rights. They contended that these provisions were content-based regulations because they favored local broadcasters over cable programmers based on their content - specifically their focus on local issues. The dissenters believed this violated strict scrutiny standards which require such laws to be narrowly tailored to serve compelling state interests. They also disagreed with the majority's view that preserving a multiplicity of broadcast sources is a compelling interest justifying infringement on free speech rights; instead arguing it would lead to less diversity as cable operators might respond by reducing non-broadcast programming rather than expanding capacity or dropping popular channels.