Cite as: 529 U. S. 803 (2000)
Opinion of the Court
On March 7, 1996, Playboy obtained a temporary restraining order (TRO) enjoining the enforcement of § 505. 918 F. Supp. 813 (Del.), and brought this suit in a three-judge District Court pursuant to § 561 of the Act, 110 Stat. 142, note following 47 U. S. C. § 223 (1994 ed., Supp. III). Playboy sought a declaration that § 505 violates the Constitution and an injunction prohibiting the law's enforcement. The District Court denied Playboy a preliminary injunction, 945 F. Supp. 772 (Del. 1996), and we summarily affirmed, 520 U. S. 1141 (1997). The TRO was lifted, and the Federal Communications Commission announced it would begin enforcing § 505 on May 18, 1997. In re Implementation of Section 505 of the Telecommunications Act of 1996, 12 FCC Rcd. 5212, 5214 (1997).
When the statute became operative, most cable operators had "no practical choice but to curtail [the targeted] programming during the [regulated] sixteen hours or risk the penalties imposed . . . if any audio or video signal bleed occur[red] during [those] times." 30 F. Supp. 2d, at 711. The majority of operators—"in one survey, 69%"—complied with § 505 by time channeling the targeted programmers. Ibid. Since "30 to 50% of all adult programming is viewed by households prior to 10 p.m.," the result was a significant restriction of communication, with a corresponding reduction in Playboy's revenues. Ibid.
In March 1998, the District Court held a full trial and concluded that § 505 violates the First Amendment. Id., at 702. The District Court observed that § 505 imposed a content-based restriction on speech. Id., at 714-715. It agreed that the interests the statute advanced were compelling but concluded the Government might further those interests in less restrictive ways. Id., at 717-720. One plausible, less restrictive alternative could be found in another section of the Act: § 504, which requires a cable operator, "[u]pon request by a cable service subscriber . . . without charge, [to] fully
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