640
Opinion of the Court
cable. While we agree that the cable market suffers certain structural impediments, the Government's argument is flawed in two respects. First, as discussed above, the special physical characteristics of broadcast transmission, not the economic characteristics of the broadcast market, are what underlies our broadcast jurisprudence. See League of Women Voters, 468 U. S., at 377; National Citizens Comm. for Broadcasting, supra, at 799; Red Lion, supra, at 390. Second, the mere assertion of dysfunction or failure in a speech market, without more, is not sufficient to shield a speech regulation from the First Amendment standards applicable to nonbroadcast media. See, e. g., Austin v. Michigan Chamber of Commerce, 494 U. S. 652, 657-658 (1990); Federal Election Comm'n v. Massachusetts Citizens for Life, Inc., 479 U. S. 238, 256-259 (1986); Miami Herald Publishing Co. v. Tornillo, 418 U. S., at 248-258.
By a related course of reasoning, the Government and some appellees maintain that the must-carry provisions are nothing more than industry-specific antitrust legislation, and thus warrant rational-basis scrutiny under this Court's "precedents governing legislative efforts to correct market failure in a market whose commodity is speech," such as Associated Press v. United States, 326 U. S. 1 (1945), and Lorain Journal Co. v. United States, 342 U. S. 143 (1951). See Brief for Federal Appellees 17. This contention is unavailing. Associated Press and Lorain Journal both involved actions against members of the press brought under the Sherman Antitrust Act, a law of general application. But while the enforcement of a generally applicable law may or may not be subject to heightened scrutiny under the First Amendment, compare Cohen v. Cowles Media Co., 501 U. S. 663, 670 (1991), with Barnes v. Glen Theatre, Inc., 501 U. S. 560, 566-567 (1991), laws that single out the press, or certain elements thereof, for special treatment "pose a particular danger of abuse by the State," Arkansas Writers' Project, Inc. v. Ragland, 481 U. S. 221, 228 (1987), and so are always
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