Cite as: 529 U. S. 803 (2000)
Breyer, J., dissenting
the fact that Playboy, presumably aware of its own economic interests, "is willing to incur the costs of an effective § 504." Ante, at 824. Yet that denial, as the majority admits, may simply reflect Playboy's knowledge that § 504, even with better notice, will not work. Section 504 is not a similarly effective alternative to § 505 (in respect to the Government's interest in protecting children), unless more than a minimal number of viewers actually use it; yet the economic evidence shows that if more than 6% do so, Playboy's programming would be totally eliminated. The majority provides no answer to this argument in its opinion—and this evidence is sufficient in and of itself to dispose of this case.
Of course, it is logically possible that "better notice" will bring about near perfect parental knowledge (of what children watch and § 504 opt-out rights), that cable operators will respond rapidly to blocking requests, and that still 94% of all informed parents will decided not to have adult channels blocked for free. But the probability that this remote possibility will occur is neither a "draw" nor a "tie." Ante, at 819. And that fact is sufficient for the Government to have met its burden of proof.
All these considerations show that § 504's opt-out, even with the Court's plan for "better notice," is not similarly effective in achieving the legitimate goals that the statute was enacted to serve.
IV
Section 505 raises the cost of adult channel broadcasting. In doing so, it restricts, but does not ban, adult speech. Adults may continue to watch adult channels, though less conveniently, by watching at night, recording programs with a VCR, or by subscribing to digital cable with better blocking systems. Cf. Renton, 475 U. S., at 53-55 (upholding zoning rules that force potential adult theater patrons to travel to less convenient locations). The Government's justification for imposing this restriction—limiting the access of children to channels that broadcast virtually 100% "sexu-
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