Leathers v. Medlock

499 U.S. 439, 111 S. Ct. 1438, 113 L. Ed. 2d 494, 1991 U.S. LEXIS 2220, 59 U.S.L.W. 4281, 69 Rad. Reg. 2d (P & F) 60, 18 Media L. Rep. (BNA) 1953, 91 Daily Journal DAR 4333, 91 Cal. Daily Op. Serv. 2674
CourtSupreme Court of the United States
DecidedApril 16, 1991
Docket90-29
StatusPublished
Cited by223 cases

This text of 499 U.S. 439 (Leathers v. Medlock) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leathers v. Medlock, 499 U.S. 439, 111 S. Ct. 1438, 113 L. Ed. 2d 494, 1991 U.S. LEXIS 2220, 59 U.S.L.W. 4281, 69 Rad. Reg. 2d (P & F) 60, 18 Media L. Rep. (BNA) 1953, 91 Daily Journal DAR 4333, 91 Cal. Daily Op. Serv. 2674 (1991).

Opinions

JUSTICE O'CoNNoR

delivered the opinion of the Court.

These consolidated cases require us to consider the constitutionality of a state sales tax that excludes or exempts certain segments of the media but not others.

I

Arkansas' Gross Receipts Act imposes a 4% tax on receipts from the sale of all tangible personal property and specified services. Ark. Code Ann. §~ 26-52-301, 26-52-302 (1987 and Supp. 1989). The Act exempts from the tax certain sales of goods and services. § 26-52-401 (Supp. 1989). Counties [442]*442within Arkansas impose a 1% tax on all goods and services subject to taxation under the Gross Receipts Act, §§26-74-307, 26-74-222 (1987 and Supp. 1989), and cities may impose a further 54% or 1% tax on these items, § 26-76-307 (1987).

The Gross Receipts Act expressly exempts receipts from subscription and over-the-counter newspaper sales and subscription magazine sales. See §§26-52-401(4), (14) (Supp. 1989); Revenue Policy Statement 1988-1 (Mar. 10, 1988), reprinted in CCH Ark. Tax Rep. ¶ 69-415. Before 1987, the Act did not list among those services subject to the sales tax either cable television1 or scrambled satellite broadcast television services to home dish-antennae owners.2 See §26-52-301 (1987). In 1987, Arkansas adopted Act 188, which amended the Gross Receipts Act to impose the sales tax on cable television. 1987 Ark. Gen. Acts, No. 188, § 1.

Daniel L. Medlock, a cable television subscriber, Community Communications Co., a cable television operator, and the Arkansas Cable Television Association, Inc., a trade organization composed of approximately 80 cable operators with systems throughout the State (cable petitioners), brought this class action in the Arkansas Chancery Court to challenge the extension of the sales tax to cable television services. Cable petitioners contended that their expressive activities are protected by the First Amendment and are comparable to those of newspapers, magazines, and scrambled satellite broadcast television. They argued that Arkansas’ sales tax[443]*443ation of cable services, and exemption or exclusion from the tax of newspapers, magazines, and satellite broadcast services, violated their constitutional rights under the First Amendment and under the Equal Protection Clause of the Fourteenth Amendment.

The Chancery Court granted cable petitioners’ motion for a preliminary injunction, requiring Arkansas to place in escrow the challenged sales taxes and to keep records identifying collections of the taxes. Both sides introduced extensive testimony and documentary evidence at the hearing on this motion and at the subsequent trial. Following the trial, the Chancery Court concluded that cable television’s necessary use of public rights-of-way distinguishes it for constitutional purposes from other media. It therefore upheld the constitutionality of Act 188, dissolved its preliminary injunction, and ordered all funds collected in escrow released.

In 1989, shortly after the Chancery Court issued its decision, Arkansas adopted Act 769, which extended the sales tax to “all other distribution of television, video or radio services with or without the use of wires provided to subscribers or paying customers or users.” 1989 Ark. Gen. Acts, No. 769, § 1. On appeal to the Arkansas Supreme Court, cable petitioners again challenged the State’s sales tax on the ground that, notwithstanding Act 769, it continued unconstitutionally to discriminate against cable television. The Supreme Court rejected the claim that the tax was invalid after the passage of Act 769, holding that the Constitution does not prohibit the differential taxation of different media. Medlock v. Pledger, 301 Ark. 483, 487, 785 S. W. 2d 202, 204 (1990). The court believed, however, that the First Amendment prohibits discriminatory taxation among members of the same medium. On the record before it, the court found that cable television services and satellite broadcast services to home dish-antennae owners were “substantially the same.” Ibid. The State Supreme Court rejected the Chancery Court’s conclusion that cable television’s use of public [444]*444rights-of-way justified its differential sales tax treatment, explaining that cable operators already paid franchise fees for that right. Id., at 485, 785 S. W. 2d, at 203. It therefore held that Arkansas’ sales tax was unconstitutional under the First Amendment for the period during which cable television, but not satellite broadcast services, were subject to the tax. Id., at 487; 785 S. W. 2d, at 204.

Both cable petitioners and the Arkansas Commissioner of Revenues petitioned this Court for certiorari. We consolidated these petitions and granted certiorari, Pledger v. Medlock, 498 U. S. 809 (1990), in order to resolve the question, left open in Arkansas Writers’ Project, Inc. v. Ragland, 481 U. S. 221, 233 (1987), whether the First Amendment prevents a State from imposing its sales tax on only selected segments of the media.

II

Cable television provides to its subscribers news, information, and entertainment. It is engaged in “speech” under the First Amendment, and is, in much of its operation, part of the “press.” See Los Angeles v. Preferred Communications, Inc., 476 U. S. 488, 494 (1986). That it is taxed differently from other media does not by itself, however, raise First Amendment concerns. Our cases have held that a tax that discriminates among speakers is constitutionally suspect only in certain circumstances.

In Grosjean v. American Press Co., 297 U. S. 233 (1936), the Court considered a First Amendment challenge to a Louisiana law that singled out publications with weekly circulations above 20,000 for a 2% tax on gross receipts from advertising. The tax fell exclusively on 13 newspapers. Four other daily newspapers and 120 weekly newspapers with weekly circulations of less than 20,000 were not taxed. The Court discussed at length the pre-First Amendment English and American tradition of taxes imposed exclusively on the press. This invidious form of censorship was intended to curtail the circulation of newspapers and thereby prevent the [445]*445people from acquiring knowledge of government activities. Id., at 246-251. The Court held that the tax at issue in Grosjean was of this type and was therefore unconstitutional. Id., at 250.

In Minneapolis Star & Tribune Co. v. Minnesota Comm’r of Revenue, 460 U. S. 575 (1983), we noted that it was unclear whether the result in Grosjean depended on our perception in that case that the State had imposed the tax with the intent to penalize a selected group of newspapers or whether the structure of the tax was sufficient to invalidate it. See 460 U. S., at 580 (citing cases and commentary). Minneapolis Star resolved any doubts about whether direct evidence of improper censorial motive is required in order to invalidate a differential tax on First Amendment grounds: “Illicit legislative intent is not the

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Bluebook (online)
499 U.S. 439, 111 S. Ct. 1438, 113 L. Ed. 2d 494, 1991 U.S. LEXIS 2220, 59 U.S.L.W. 4281, 69 Rad. Reg. 2d (P & F) 60, 18 Media L. Rep. (BNA) 1953, 91 Daily Journal DAR 4333, 91 Cal. Daily Op. Serv. 2674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leathers-v-medlock-scotus-1991.