Supreme Court Hears Arguments In Comcast Case

The U.S. Supreme Court wrestled with technical legal arguments Wednesday in a high-stakes civil rights case that pits Comcast against media mogul Byron Allen and could make it harder to bring racial-discrimination claims in the future.

The Philadelphia Inquirer reports the high court heard oral arguments in the contentious case between Comcast and Allen, an African American entertainment executive who claims the cable giant racially discriminated against him when it refused to carry his cable-TV channels on its systems.

The court is not weighing the merits of Allen’s claims. At issue is whether a person filing a racial-discrimination lawsuit must allege that race was the determining reason that a contract decision was made, or if a person must merely allege that race was one “motivating factor” for a case to proceed, according to legal experts.

Comcast is arguing that race should be the determining factor. And a favorable ruling for Comcast could have far-reaching consequences, legal experts say. That’s because a Comcast win could set a legal precedent that would make it harder to bring racial-discrimination cases.

Byron Allen

During the hour-long hearing, both liberal and conservative justices seemed to be more skeptical of Allen’s position and suggested the lower court applied the wrong legal standard in allowing his case to go forward. They openly questioned why those alleging racial discrimination should need to claim only that race was a motivating factor, if they must ultimately prove that race was the main reason to win at trial.

Allen filed his $20 billion suit under Section 1981 of the Civil Rights Act of 1866, a Reconstruction-era law that prohibits discrimination against African Americans in business contracts. Specifically, the law ensures that everyone have the “same right” to make and enforce contracts.

Comcast petitioned the Supreme Court to hear the case after the Court of Appeals for the Ninth Circuit in California ruled that Allen’s suit had sufficient claims to proceed to discovery and depositions.

Allen is a successful comedian who now controls the largest African American-owned entertainment company in Hollywood. In February 2015, when he sued Comcast in Los Angeles federal court for not carrying his channels, the Philadelphia cable giant was seeking to acquire Time Warner Cable, which would later be acquired by Charter Communications.

A federal judge initially dismissed the suit, brought by Allen’s Entertainment Studios Networks and the National Association of African American-Owned Media, concluding that there could be legitimate business reasons for Comcast to act as it did. Allen then appealed.

Comcast has said race had nothing to do with rejecting Allen’s channels, noting that they had low ratings. The Philadelphia company said the Allen case was merely a business dispute and has accused Allen of turning a carriage dispute into a frivolous lawsuit.