Denver Area Ed. Telecommunications Consortium, Inc. v. FCC, 518 U.S. 727, 42 (1996)

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768

DENVER AREA ED. TELECOMMUNICATIONS CONSORTIUM, INC. v. FCC

Stevens, J., concurring

alone, was an effective (though, perhaps, not the most effective) means of pursuing its objective. Moreover, we can find no reason why, in light of Congress' basic objective (the protection of children), Congress would have preferred no provisions at all to the permissive provision standing by itself. That provision, capable of functioning on its own, still helps to achieve that basic objective. Consequently, we believe the valid provision is severable from the others.

VI

For these reasons, the judgment of the Court of Appeals is affirmed insofar as it upheld § 10(a); the judgment of the Court of Appeals is reversed insofar as it upheld § 10(b) and § 10(c).

It is so ordered.

Justice Stevens, concurring.

The difference between § 10(a) and § 10(c) is the difference between a permit and a prohibition. The former restores the freedom of cable operators to reject indecent programs; the latter requires local franchising authorities to reject such programs. While I join the Court's opinion, I add these comments to emphasize the difference between the two provisions and to endorse the analysis in Part III-B of Justice Kennedy's opinion even though I do not think it necessary to characterize the public access channels as public fora. Like Justice Souter, I am convinced that it would be unwise to take a categorical approach to the resolution of novel First Amendment questions arising in an industry as dynamic as this. Cf. R. A. V. v. St. Paul, 505 U. S. 377, 426-427 (1992) (Stevens, J., concurring in judgment).

I

Federal law requires cable system operators to reserve about 15 percent of their channels for commercial lease to unaffiliated programmers. See 47 U. S. C. § 532(b). On

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