The Evolution of the Intermediate Scrutiny Standard and the Rise of the Bottleneck "Rule" in the Turner Decisions

The so-called "bottleneck"  standard  or monopoly rule was developed by the Supreme Court of the United States in Turner Broadcasting v. FCC (1997) and allowed the Court to uphold legislation that favored the economic and speech interests of the broadcast industry over those of the cable industry. The Court's formation of the bottleneck  standard  is supported by a set of judicial opinions, including plurality decisions, that have adopted a revisionist reading of the  intermediate   scrutiny   standard  enunciated in United States v. O'Brien. This reading has resulted in a splintering of established precedent defining the O'Brien  standard  and supports the contention that law is a function of the analogies used, definitions applied and assumptions employed by those who have participated and prevailed in the adjudication process.