Denver Area Ed. Telecommunications Consortium, Inc. v. FCC, 518 U.S. 727, 5 (1996)

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Cite as: 518 U. S. 727 (1996)

Syllabus

the rights of programmers to transmit and of viewers to watch. None of the petitioners are cable operators; they are all cable viewers or access programmers or their representative organizations. Because the cable access provisions are part of a scheme that restricts operators' free speech rights and expands the speaking opportunities of programmers who have no underlying constitutional right to speak through the cable medium, the programmers cannot challenge the scheme, or a particular part of it, as an abridgment of their "freedom of speech." Sections 10(a) and (c) merely restore part of the editorial discretion an operator would have absent Government regulation. Pp. 812-826.

Breyer, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Part III, in which Stevens, O'Connor, Kennedy, Souter, and Ginsburg, JJ., joined, an opinion with respect to Parts I, II, and V, in which Stevens, O'Connor, and Souter, JJ., joined, and an opinion with respect to Parts IV and VI, in which Stevens and Souter, JJ., joined. Stevens, J., post, p. 768, and Souter, J., post, p. 774, filed concurring opinions. O'Connor, J., filed an opinion concurring in part and dissenting in part, post, p. 779. Kennedy, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Ginsburg, J., joined, post, p. 780. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined, post, p. 812.

I. Michael Greenberger argued the cause for petitioners. With him on the brief for the Alliance for Community Media et al., petitioners in No. 95-227, were James N. Horwood, Andrew Jay Schwartzman, Gigi Sohn, Elliot Mincberg, Lawrence Ottinger, Thomas J. Mikula, and Mark S. Raffman. Robert T. Perry and Brian D. Graifman filed briefs for the New York Citizens Committee for Responsible Media et al., petitioners in No. 95-227. Charles S. Sims, Steven R. Shapiro, and Marjorie Heins filed briefs for the American Civil Liberties Union et al., petitioners in No. 95-124.

Deputy Solicitor General Wallace argued the cause for respondents in both cases. With him on the briefs for the federal respondents were Solicitor General Days, Assistant Attorney General Hunger, James A. Feldman, Barbara L. Herwig, Jacob M. Lewis, William E. Kennard, and Christopher J. Wright. Daniel L. Brenner, Neal M. Goldberg, and

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