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| Issue | Whether the government may constitutionally (1) permit cable operators to refuse to carry indecent material on leased local access channels, (2) require cable operators that choose to carry indecent local access programming to place such programming on a separate channel and to block the channel until the subscriber requests unblocking, and (3) permit cable operators to refuse to carry indecent programming on local public, educational, and governmental channels. | |
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Majority Opinion
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Breyer (delivered the opinion of the Court with respect to Part III) |
Dissenting Opinion
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Kennedy, J. (dissenting as to section 10 (a)) (joined by Ginsberg, J.), & Thomas, J. (dissenting as to section 10 (b)) (joined by Rehnquist. & Scalia), & O'Connor & Thomas (dissenting as to section 10 (c)) (joining Thomas' dissent: Rehnquist & Scalia) |
Lower Court
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DC Circuit |
Oral Arguments
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Oral Arguments
[Oyez]
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Other |
Fiss, Owen, "The Censorship of Television," in Bollinger, Lee & Stone, Geoffrey, ETERNALLY VIGILANT: FREE SPEECH IN A MODERN ERA (2002), pp. 256-283
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Zuckerman, Harvey, Corn-Revere, Robert et al, MODERN COMMUNICATIONS LAW (1999), sect. 2.3.2
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