Earlier today, the 9th Circuit concluded on appeal Congress did not violate the First Amendment by banning for-profit goods and services from advertising on public television. The appeal was brought by Minority Television Project, which operates San Francisco’s KMTP-TV. Although Minority Television argued that strict scrutiny should be applied in this case, Circuit Court Judge, Margaret McKeown applied intermediate scrutiny. Ultimately, Judge Mckeown found that the government had a substantial interest in imposing restrictions in order to “preserve the essence of public television” and that the law was narrowly tailored to further those interests. The entire opinion can be accessed through the link below.
Do you concur with the rationale and conclusion in this case?