732
Opinion of Breyer, J.
Diane B. Burstein filed a brief for the National Cable Television Association, Inc., respondent in both cases.†
Justice Breyer announced the judgment of the Court and delivered the opinion of the Court with respect to Part III, an opinion with respect to Parts I, II, and V, in which Justice Stevens, Justice O'Connor, and Justice Souter join, and an opinion with respect to Parts IV and VI, in which Justice Stevens and Justice Souter join.
These cases present First Amendment challenges to three statutory provisions that seek to regulate the broadcasting of "patently offensive" sex-related material on cable television. Cable Television Consumer Protection and Competition Act of 1992 (1992 Act or Act), 106 Stat. 1486, §§ 10(a), 10(b), and 10(c), 47 U. S. C. §§ 532(h), 532( j), and note following § 531. The provisions apply to programs broadcast over cable on what are known as "leased access channels" and "public, educational, or governmental channels." Two of the provisions essentially permit a cable system operator to prohibit the broadcasting of "programming" that the "operator reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner." 1992
†Briefs of amici curiae urging reversal were filed for the American Booksellers Foundation for Free Expression et al. by Michael A. Bamberger and Margaret Jacobs; and for the Association of American Publishers, Inc., by R. Bruce Rich and Jonathan Bloom.
Briefs of amici curiae urging affirmance were filed for the State of New York by Dennis C. Vacco, Attorney General, Victoria A. Graffeo, Solicitor General, Barbara Billet, Deputy Solicitor General, and Stephen D. Houch and Theodore Zang, Jr., Assistant Attorneys General; for the Family Life Project of the American Center for Law and Justice by Jay Alan Sekulow, James M. Henderson, Sr., Colby M. May, Keith A. Fournier, and Thomas P. Monaghan; for the Family Research Council et al. by Cathleen A. Cleaver and Bruce A. Taylor; for Morality in Media, Inc., by Paul J. Mc-Geady and Robert W. Peters; and for Time Warner Cable by Stuart W. Gold and Rebeca L. Cutler.
Len L. Munsil filed a brief for the National Family Legal Foundation as amicus curiae.
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