turner
broadcasting
system
fcc
argued
january
decided
june
concerned
competitive
imbalance
cable
television
broadcasters
endangering
broadcasters
ability
compete
viewing
audience
thus
necessary
operating
revenues
congress
passed
cable
television
consumer
protection
competition
act
sections
act
require
cable
television
systems
devote
specified
portion
channels
transmission
local
commercial
public
broadcast
stations
soon
act
became
law
appellants
numerous
cable
programmers
operators
challenged
constitutionality
provisions
district
granted
intervenor
defendants
summary
judgment
ruling
provisions
consistent
first
amendment
rejected
appellants
argument
provisions
warrant
strict
scrutiny
regulation
sustained
intermediate
standard
scrutiny
set
forth
concluding
sufficiently
tailored
serve
important
governmental
interest
preservation
local
broadcasting
held
judgment
vacated
case
remanded
vacated
remanded
justice
kennedy
delivered
opinion
respect
parts
ii
concluding
appropriate
standard
evaluate
constitutionality
provisions
intermediate
level
scrutiny
applicable
restrictions
impose
incidental
burden
speech
pp
provisions
impose
special
obligations
page
ii
upon
cable
operators
special
burdens
upon
cable
programmers
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first
amendment
scrutiny
demanded
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rigorous
standard
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reserved
broadcast
regulation
see
red
lion
broadcasting
fcc
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cable
regulation
since
rationale
review
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problems
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apply
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mere
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failure
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market
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sufficient
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speech
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first
amendment
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enforcement
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members
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design
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control
subscribers
view
cable
television
given
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extent
federal
communications
commission
congress
influence
programming
offered
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stations
pp
none
appellants
additional
arguments
suffices
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operators
application
force
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programming
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network
gives
cable
operators
bottleneck
page
iii
gatekeeper
control
programming
delivered
subscribers
homes
miami
herald
publishing
tornillo
pacific
gas
electric
public
utilities
distinguished
strict
scrutiny
also
triggered
congress
preference
broadcasters
cable
operators
since
based
content
programming
group
offers
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broadcast
television
economic
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disfavored
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medium
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monopoly
dangers
power
poses
viability
broadcast
television
provisions
structured
manner
carries
inherent
risk
undermining
first
amendment
interests
arkansas
writers
project
ragland
minneapolis
star
tribune
minnesota
revenue
distinguished
pp
regulation
sustained
furthers
important
governmental
interest
unrelated
suppression
free
expression
incidental
restriction
alleged
first
amendment
freedoms
greater
essential
furtherance
interest
viewed
abstract
governmental
interests
benefits
free
local
broadcast
stations
promoting
widespread
dissemination
information
multiplicity
sources
promoting
fair
competition
market
television
important
pp
justice
kennedy
joined
chief
justice
justice
blackmun
justice
souter
concluded
part
fact
asserted
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mean
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government
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demonstrate
recited
harms
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regulation
fact
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harms
direct
material
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must
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broadcasting
genuine
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page
iv
material
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granting
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pp
justice
stevens
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favoring
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disposition
case
supported
five
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substantial
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kennedy
analysis
case
turner
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system
fcc
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kennedy
announced
judgment
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part
sections
cable
television
consumer
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stations
case
presents
question
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provisions
abridge
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speech
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violation
first
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district
district
columbia
granted
summary
judgment
holding
challenged
provisions
consistent
first
amendment
issues
material
fact
remain
unresolved
record
developed
thus
far
vacate
district
judgment
remand
case
proceedings
role
cable
television
nation
communications
system
undergone
dramatic
change
past
years
given
pace
technological
advancement
increasing
convergence
cable
turner
broadcasting
system
fcc
electronic
media
cable
industry
today
stands
center
ongoing
telecommunications
revolution
still
undefined
potential
affect
way
communicate
develop
intellectual
resources
earliest
cable
systems
built
late
bring
clear
broadcast
television
signals
remote
mountainous
communities
purpose
replace
broadcast
television
enhance
see
southwestern
cable
brenner
price
meyerson
cable
television
nonbroadcast
video
hamburg
cable
ch
modern
cable
systems
much
enhance
reception
nearby
broadcast
television
stations
capacity
carry
dozens
channels
import
distant
programming
signals
via
satellite
microwave
relay
today
cable
systems
direct
competition
broadcasters
independent
source
television
programming
broadcast
cable
television
distinguished
different
technologies
reach
viewers
broadcast
stations
radiate
electromagnetic
signals
central
transmitting
antenna
signals
captured
turn
television
set
within
antenna
range
cable
systems
contrast
rely
upon
physical
connection
transmission
facility
television
sets
individual
subscribers
cable
systems
make
connection
much
like
telephone
companies
using
cable
optical
fibers
strung
buried
ducts
reach
homes
businesses
subscribers
construction
physical
infrastructure
entails
use
public
easements
often
results
disruption
traffic
streets
public
property
result
cable
medium
may
depend
existence
upon
express
permission
local
governing
turner
broadcasting
system
fcc
authorities
see
generally
community
communications
boulder
cable
technology
affords
two
principal
benefits
broadcast
first
eliminates
signal
interference
sometimes
encountered
broadcasting
thus
gives
viewers
undistorted
reception
broadcast
stations
second
capable
transmitting
many
channels
available
broadcasting
giving
subscribers
access
far
greater
programming
variety
half
cable
systems
operation
today
capacity
carry
channels
television
cable
factbook
percent
cable
subscribers
served
systems
capacity
channels
ibid
newer
systems
carry
hundreds
channels
many
older
systems
upgraded
fiber
optic
rebuilds
digital
compression
technology
increase
channel
capacity
see
cablevision
systems
adds
rapid
fiber
growth
cable
systems
communications
daily
pp
cable
television
industry
includes
cable
operators
physical
cable
network
transmit
cable
signal
viewer
cable
programmers
produce
television
programs
sell
license
cable
operators
cases
cable
operators
acquired
ownership
cable
programmers
vice
versa
although
cable
operators
may
create
programming
programming
drawn
outside
sources
outside
sources
include
local
distant
broadcast
stations
also
many
national
regional
cable
programming
networks
emerged
recent
years
cnn
mtv
espn
tnt
family
channel
nickelodeon
arts
entertainment
black
entertainment
television
courttv
discovery
channel
american
movie
classics
comedy
central
learning
channel
turner
broadcasting
system
fcc
weather
channel
cable
operator
selected
programming
sources
cable
system
functions
essence
conduit
speech
others
transmitting
continuous
unedited
basis
subscribers
see
brenner
cable
television
freedom
expression
duke
part
cable
personnel
review
material
provided
cable
networks
able
systems
conscious
control
program
services
provided
others
contrast
commercial
broadcast
stations
transmit
signals
charge
viewers
generate
revenues
selling
time
advertisers
cable
systems
charge
subscribers
monthly
fee
right
receive
cable
programming
rely
lesser
extent
advertising
instances
cable
subscribers
choose
stations
receive
selecting
among
various
plans
tiers
cable
service
typical
offering
basic
tier
consists
local
broadcast
stations
plus
number
cable
programming
networks
selected
cable
operator
additional
cost
subscribers
obtain
channels
devoted
particular
subjects
interests
feature
movies
sports
children
programming
sexually
explicit
programming
like
many
cable
systems
also
offer
service
allows
individual
subscriber
order
pay
fee
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single
movie
program
set
time
day
see
goodale
cable
legal
business
aspects
cable
pay
television
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supra
october
congress
overrode
presidential
veto
enact
cable
television
consumer
protection
competition
act
pub
stat
cable
act
act
among
things
turner
broadcasting
system
fcc
act
subjects
cable
industry
rate
regulation
federal
communications
commission
fcc
municipal
franchising
authorities
prohibits
municipalities
awarding
exclusive
franchises
cable
operators
imposes
various
restrictions
cable
programmers
affiliated
cable
operators
directs
fcc
develop
promulgate
regulations
imposing
minimum
technical
standards
cable
operators
issue
case
constitutionality
provisions
contained
act
require
cable
operators
carry
signals
specified
number
local
broadcast
television
stations
section
requires
carriage
local
commercial
television
stations
defined
include
full
power
television
broadcasters
qualifying
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educational
stations
operate
within
television
market
cable
system
supp
iv
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systems
active
channels
subscribers
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set
aside
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stations
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commercial
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stations
turner
broadcasting
system
fcc
fewer
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operator
obligated
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broadcast
stations
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operator
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carry
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signals
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provision
must
transmitted
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basis
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placed
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channel
position
broadcast
air
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exceptions
cable
operator
may
charge
fee
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broadcast
signals
fulfillment
obligations
section
act
imposes
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requirements
regarding
carriage
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public
broadcast
television
stations
referred
act
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supp
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turner
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fcc
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protection
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local
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stations
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commercial
broadcast
stations
requires
cable
system
operators
carry
program
schedule
public
broadcast
station
entirety
channel
position
taken
together
therefore
subject
smallest
cable
systems
nationwide
obligations
confer
privileges
full
power
broadcasters
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within
television
market
qualified
cable
system
congress
enacted
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act
conducting
three
years
hearings
structure
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cable
television
industry
see
pp
describing
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factfinding
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physical
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power
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television
stations
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audience
thus
necessary
operating
revenues
congress
determined
turner
broadcasting
system
fcc
regulation
market
video
programming
necessary
correct
competitive
imbalance
particular
congress
found
percent
households
television
sets
subscribe
cable
households
cable
replaced
broadcast
television
primary
provider
video
programming
congress
found
ost
subscribers
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television
systems
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television
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local
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extraordinary
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serve
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overwhelming
majority
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exercise
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service
result
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channel
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television
systems
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television
stations
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compete
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cable
operators
practical
matter
reduce
number
households
access
broadcasters
programming
thereby
capture
advertising
dollars
otherwise
go
broadcast
stations
turner
broadcasting
system
fcc
congress
found
addition
increased
vertical
integration
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industry
making
even
harder
broadcasters
secure
carriage
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systems
cable
operators
financial
incentive
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also
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cable
operators
sharing
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barriers
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programmers
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light
technological
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concluded
unless
cable
operators
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stations
substantial
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share
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quality
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soon
act
became
law
appellants
filed
five
consolidated
actions
district
district
columbia
federal
communications
commission
hereinafter
referred
collectively
government
challenging
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appellants
plaintiffs
numerous
cable
programmers
cable
operators
additional
parties
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turner
broadcasting
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several
intervenor
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government
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ruling
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employed
regulatory
powers
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said
requirements
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video
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whole
redress
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operators
anticompetitive
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appellants
contention
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judge
williams
dissented
acknowledged
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concluded
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turner
broadcasting
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fcc
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television
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rules
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operators
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rules
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programming
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cable
operators
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thus
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congressional
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disagreement
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first
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leathers
medlock
original
programming
exercising
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programmers
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los
angeles
turner
broadcasting
system
fcc
preferred
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requiring
cable
systems
set
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broadcasters
rules
regulate
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speech
two
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reduce
number
channels
cable
operators
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render
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programmers
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every
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degree
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level
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address
first
government
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television
analyzed
first
amendment
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broadcast
television
true
cases
permitted
intrusive
regulation
broadcast
speakers
speakers
media
compare
red
lion
broadcasting
fcc
television
national
broadcasting
radio
miami
herald
publishing
tornillo
print
riley
national
federation
blind
personal
solicitation
rationale
applying
less
rigorous
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first
amendment
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regulation
whatever
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regulation
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concurring
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justice
kennedy
opinion
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identifies
analyzes
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amendment
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speech
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columbia
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democratic
national
committee
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body
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justice
kennedy
ably
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medium
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bottleneck
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media
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kennedy
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parts
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kennedy
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kennedy
recognizes
ante
findings
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american
households
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subscribers
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kennedy
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kennedy
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ante
abdicate
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decide
whether
restriction
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amendment
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findings
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greater
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turner
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system
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restrictions
speech
see
sable
communications
fcc
landmark
communications
virginia
cited
ante
restrictions
imposed
administrative
agencies
see
century
communications
fcc
cited
ante
see
sess
sess
judge
jackson
put
opinion
district
ven
state
broadcasting
industry
parlous
defendants
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finds
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operators
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conclusion
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thomas
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motivation
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held
enough
avoid
need
strict
scrutiny
justifications
simon
schuster
members
new
york
state
crime
victims
slip
arkansas
writers
project
ragland
first
amendment
bar
government
intentionally
suppressing
speech
disapproves
also
generally
prohibits
government
excepting
certain
kinds
speech
regulation
thinks
speech
especially
valuable
see
regan
time
metromedia
san
diego
plurality
carey
brown
police
department
chicago
mosley
cox
louisiana
black
concurring
see
also
paul
slip
government
may
regulate
speech
based
turner
broadcasting
system
fcc
hostility
favoritism
towards
underlying
message
expressed
mistaken
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interest
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access
multiplicity
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ante
internal
quotation
marks
omitted
indeed
interest
related
suppression
free
expression
ante
emphasis
added
internal
quotation
marks
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enough
content
neutrality
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giving
tax
break
religious
sports
professional
magazines
see
arkansas
writers
project
supra
related
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