Cite as: 603 U. S. ____ (2024)
15
Opinion of the Court
could not substitute “governmental regulation” for the “crucial process” of editorial choice. Id., at 258.
Next up was Pacific Gas & Elec. Co. v. Public Util.
Comm’n of Cal., 475 U. S. 1 (1986) (PG&E), which the Court
thought to follow naturally from Tornillo. See 475 U. S., at
9–12 (plurality opinion); id., at 21 (Burger, C. J., concurring). A private utility in California regularly put a newsletter in its billing envelopes expressing its views of energy
policy. The State directed it to include as well material
from a consumer-advocacy group giving a different perspective. The utility objected, and the Court held again that the
interest in “offer[ing] the public a greater variety of views”
could not justify the regulation. Id., at 12. California was
compelling the utility (as Florida had compelled a newspaper) “to carry speech with which it disagreed” and thus to
“alter its own message.” Id., at 11, n. 7, 16.
In Turner Broadcasting System, Inc. v. FCC, 512 U. S.
622 (1994) (Turner I ), the Court further underscored the
constitutional protection given to editorial choice. At issue
were federal “must-carry” rules, requiring cable operators
to allocate some of their channels to local broadcast stations. The Court had no doubt that the First Amendment
was implicated, because the operators were engaging in expressive activity. They were, the Court explained, “exercising editorial discretion over which stations or programs to
include in [their] repertoire.” Id., at 636. And the rules
“interfere[d]” with that discretion by forcing the operators
to carry stations they would not otherwise have chosen. Id.,
at 643–644. In a later decision, the Court ruled that the
regulation survived First Amendment review because it
was necessary to prevent the demise of local broadcasting.
See Turner Broadcasting System, Inc. v. FCC, 520 U. S.
180, 185, 189–190 (1997) (Turner II ); see infra, at 28, n. 10.
But for purposes of today’s cases, the takeaway of Turner is
this holding: A private party’s collection of third-party content into a single speech product (the operators’ “repertoire”