“Just a few examples confirm that the Ninth Circuit’s purportedly bright-line pronouncement about the relationship between race and content is elusive and incoherent. ‘Invisible Man’ and ‘The Color Purple’ would be a very different books if they were written by white men. Or to use the Ninth Circuit’s own example, forcing a bookseller to include white or Asian authors would make a hash of an editorial decision to feature only books written by African American authors,” Charter stated in its filing. “The bookseller could make that race-conscious decision on the view that such authors have been underrepresented in the past and the bookstore’s mission is to promote such authors without regard to the substantive content of their works.”
Entertainment Studios has a similar suit pending against Comcast. The company reached a settlement in another suit against AT&T and its DirecTV unit in late 2015 when the satcaster picked up seven Entertainment Studios channels.