National Association of African-American Owned Media v. Charter Communications
1. Whether, in accordance with this Court’s directive that “but-for” causation is the default rule for federal anti-discrimination statutes, the implied cause of action under section 1981 enacted in the Civil Rights Act of 1866 imposes a but-for standard of causation or instead incorporates the “motivating factor” standard first created in the late twentieth century for Title VII claims.
2. Whether a cable operator has a First Amendment right to include racial considerations ii among the factors it evaluates in making editorial determinations as to what programming to carry on its limited bandwidth.