812
Opinion of Thomas, J.
"a more contextual assessment" of these cases, ante, at 748, the plurality ignores a key difference of these cases from Pacifica. There, the broadcaster wanted to air the speech in question; here, the cable operator does not. So the safe harbor of late-night programming permitted by the FCC in Pacifica would likely promote speech, whereas suppression will follow from § 10(a).
VI
In agreement with the plurality's analysis of § 10(b) of the Act, insofar as it applies strict scrutiny, I join Part III of its opinion. Its position there, however, cannot be reconciled with upholding § 10(a). In the plurality's view, § 10(b), which standing alone would guarantee an indecent programmer some access to a cable audience, violates the First Amendment, but § 10(a), which authorizes exclusion of indecent programming from access channels altogether, does not. There is little to commend this logic or result. I dissent from the judgment of the Court insofar as it upholds the constitutionality of § 10(a).
Justice Thomas, joined by The Chief Justice and Justice Scalia, concurring in the judgment in part and dissenting in part.
I agree with the principal opinion's conclusion that § 10(a) is constitutionally permissible, but I disagree with its conclusion that §§ 10(b) and (c) violate the First Amendment. For many years, we have failed to articulate how, and to what extent, the First Amendment protects cable operators, programmers, and viewers from state and federal regulation. I think it is time we did so, and I cannot go along with Justice Breyer's assiduous attempts to avoid addressing that issue openly.
I
The text of the First Amendment makes no distinctions among print, broadcast, and cable media, but we have done so. In Red Lion Broadcasting Co. v. FCC, 395 U. S. 367
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