Comcast Corp. v. National Association of African-American Owned Media

This case, decided by the U.S. Supreme Court on March 23, 2020, involved a lawsuit by the National Association of African-American Owned Media and Entertainment Studios Networks (owned by Byron Allen) against Comcast Corporation. The plaintiffs alleged that Comcast violated 42 U.S.C. § 1981 by refusing to carry their television channels due to racial discrimination. The District Court dismissed the complaint, but the Ninth Circuit reversed, holding that a plaintiff only needed to show race was a motivating factor. The Supreme Court unanimously reversed the Ninth Circuit, interpreting the statute to require proof that race was the but-for cause of the refusal, establishing a stricter causation standard. The case was remanded for further proceedings consistent with this interpretation.

The U.S. Supreme Court reversed the Ninth Circuit in a 9-0 decision, holding that a plaintiff asserting a claim under 42 U.S.C. § 1981 must demonstrate that race was the but-for cause of the defendant's challenged conduct, not simply a motivating factor. The case was remanded for further proceedings.

Whether a plaintiff suing under 42 U.S.C. § 1981 for racial discrimination in contracting must prove that race was the but-for cause of the alleged harm, or merely a motivating factor in the defendant's decision.

The ruling significantly raised the evidentiary bar for racial discrimination claims in contractual relationships, making it more difficult for plaintiffs to succeed under Section 1981. It distinguished the causation standard under this statute from that under Title VII of the Civil Rights Act, impacting future civil rights litigation and limiting the legal avenues for minority-owned media companies seeking carriage agreements with large cable distributors.