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- Subject: LEATHERS v. MEDLOCK, Syllabus
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-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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-
-
- LEATHERS, COMMISSIONER OF REVENUES OF
- ARKANSAS v. MEDLOCK et al.
-
-
- certiorari to the supreme court of arkansas
-
- No. 90-29. Argued January 9, 1991 -- Decided April 16, 1991 {1}
-
- Arkansas' Gross Receipts Act imposes a tax on receipts from the sale of all
- tangible personal property and specified services, but expressly exempts,
- inter alia, certain receipts from newspaper and magazine sales. In 1987,
- Act 188 amended the Gross Receipts Act to impose the tax on cable
- television. Petitioners in No. 90-38, a cable television subscriber, a
- cable operator, and a cable trade organization (cable petitioners), brought
- this class action in the State Chancery Court, contending that their
- expressive rights under the First Amendment and their rights under the
- Equal Protection Clause of the Fourteenth Amendment were violated by the
- extension of the tax to cable services, the exemption from the tax of
- newspapers and magazines, and the exclusion from the list of services
- subject to the tax of scrambled satellite broadcast television services to
- home dish-antennae owners. In 1989, shortly after the Chancery Court
- upheld the constitutionality of Act 188, Arkansas adopted Act 769, which
- extended the tax to, among other things, all television services to paying
- customers. On appeal, the State Supreme Court held that the tax was not
- invalid after the passage of Act 769 because the Constitution does not
- prohibit the differential taxation of different media. However, believing
- that the First Amendment does prohibit discriminatory taxation among
- members of the same medium, and that cable and scrambled satellite
- television services were "substantially the same," the Supreme Court held
- that the tax was unconstitutional for the period during which it applied to
- cable but not satellite broadcast services.
-
- Held:
-
- 1. Arkansas' extension of its generally applicable sales tax to cable
- television services alone, or to cable and satellite services, while
- exempting the print media, does not violate the First Amendment. Pp. 4-13.
-
-
- (a) Although cable television, which provides news, information, and
- entertainment to its subscribers, is engaged in "speech" and is part of the
- "press" in much of its operation, the fact that it is taxed differently
- from other media does not by itself raise First Amendment concerns. The
- Arkansas tax presents none of the First Amendment difficulties that have
- led this Court to strike down differential taxation of speakers. See, e.
- g., Grosjean v. American Press Co., 297 U. S. 233; Minneapolis Star &
- Tribune Co. v. Minnesota Comm'r of Revenue, 460 U. S. 575; Arkansas
- Writers' Project, Inc. v. Ragland, 481 U. S. 221. It is a tax of general
- applicability covering all tangible personal property and a broad range of
- services and, thus, does not single out the press and thereby threaten to
- hinder it as a watchdog of government activity. Furthermore, there is no
- indication that Arkansas has targeted cable television in a purposeful
- attempt to interfere with its First Amendment activities, nor is the tax
- structured so as to raise suspicion that it was intended to do so.
- Arkansas has not selected a small group of speakers to bear fully the
- burden of the tax, since, even if the State Supreme Court's finding that
- cable and satellite television are the same medium is accepted, Act 188
- extended the tax uniformly to the approximately 100 cable systems then
- operating in the State. Finally, the tax is not content based, since there
- is nothing in the statute's language that refers to the content of mass
- media communications, and since the record contains no evidence that the
- variety of programming cable television offers subscribers differs
- systematically in its message from that communicated by satellite broadcast
- programming, newspapers, or magazines. Pp. 4-9.
-
- (b) Thus, cable petitioners can prevail only if the Arkansas tax scheme
- presents "an additional basis" for concluding that the State has violated
- their First Amendment rights. See Arkansas Writers', supra, at 233. This
- Court's decisions do not support their argument that such a basis exists
- here because the tax discriminates among media and discriminated for a time
- within a medium. Taken together, cases such as Regan v. Taxation with
- Representation of Washington, 461 U. S. 540, Mabee v. White Plains
- Publishing Co., 327 U. S. 178, and Oklahoma Press Publishing Co. v.
- Walling, 327 U. S. 186, establish that differential taxation of speakers,
- even members of the press, does not implicate the First Amendment unless
- the tax is directed at, or presents the danger of suppressing, particular
- ideas. Nothing about Arkansas' choice to exclude or exempt certain media
- from its tax has ever suggested an interest in censoring the expressive
- activities of cable television. Nor does anything in the record indicate
- that this broad-based, contentneutral tax is likely to stifle the free
- exchange of ideas. Pp. 9-13.
-
- 2. The question whether Arkansas' temporary tax distinction between
- cable and satellite services violated the Equal Protection Clause must be
- addressed by the State Supreme Court on remand. P. 13.
-
- 301 Ark. 483, 785 S. W. 2d 202, affirmed in part, reversed in part, and
- remanded.
-
- O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and White, Stevens, Scalia, Kennedy, and Souter, JJ., joined.
- Marshall, J., filed a dissenting opinion, in which Blackmun, J., joined.
-
- ------------------------------------------------------------------------------
- 1
- Together with No. 90-38, Medlock et al. v. Leathers, Commissioner of
- Revenues of Arkansas, et al., also on certiorari to the same court.
-