Cite as: 518 U. S. 727 (1996)
Opinion of Kennedy, J.
problems concerning 'patently offensive' programming" on public access channels, ante, at 763-764, one is left to wonder why the cable operator veto over leased access programming authorized in § 10(a) is constitutional even under the plurality's First Amendment analysis. Although I concur in its judgment that § 10(c) is invalid, I cannot agree with the plurality's reasoning.
In regard to § 10(a), the plurality's analysis there undermines its claims of faithfulness to our First Amendment jurisprudence and close attention to context.
First, the plurality places some weight on there being "nothing to stop 'adults who feel the need' from finding [indecent] programming elsewhere, say, on tape or in theaters," or on competitive services like direct broadcast television, ante, at 745. The availability of alternative channels of communication may be relevant when we are assessing content-neutral time, place, and manner restrictions, Ward v. Rock Against Racism, 491 U. S. 781, 791, 802 (1989), but the fact that speech can occur elsewhere cannot justify a content-based restriction, Southeastern Promotions, 420 U. S., at 556; Schneider v. State (Town of Irvington), 308 U. S. 147, 163 (1939).
Second, the plurality suggests the permissive nature of § 10(a) at least does not create the same risk of exclusion as a total ban on indecency. Ante, at 745-746. This states the obvious, but the possibility the Government could have imposed more draconian limitations on speech never has justified a lesser abridgment. Indeed, such an argument almost always is available; few of our First Amendment cases involve outright bans on speech. See, e. g., Forsyth County v. Nationalist Movement, 505 U. S. 123, 130-137 (1992) (broad discretion of county administrator to award parade permits and to adjust permit fee according to content of speech violates First Amendment); Bantam Books, Inc. v. Sullivan, 372 U. S. 58 (1963) (informal threats to recommend criminal prosecutions and other pressure tactics by state moral-
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