238
Opinion of the Court
186, 209 (1946); Donovan v. Lone Steer, Inc., 464 U. S. 408, 414-415 (1984).
The Chief Justice suggests that the Government has not made these particular claims. But it has—though succinctly—for it has cross-referenced the relevant regulatory rules. Compare post, at 359-361 (Rehnquist, C. J., dissenting), with Brief Opposing Summary Affirmance; Brief for McConnell Plaintiffs 73-74; Brief for FEC et al. in No. 02-1674 et al., pp. 132-133. And succinctness through cross-reference was necessary given our procedural requirement that the Government set forth in a 140-page brief all its arguments concerning each of the 20 BCRA provisions here under contest. 251 F. Supp. 2d, at 186-188.
In sum, given the Government's reference to the 65-year-old FCC regulation and the related considerations we have mentioned, we cannot accept the argument that the constitutionality of the "candidate request" provision lacks evidentiary support. The challengers have made no attempt to explain away the FCC's own contrary conclusions and the mass of evidence in related FCC records and proceedings. E. g., 57 Fed. Reg. 189 (1992); cf. supra, at 235-236; ante, at 222- 223 ( joint opinion) (upholding BCRA's coordination provision based, in part, on prior experience under similar provision). Because we cannot, on the present record, find the longstanding FCC regulation unconstitutional, we likewise cannot strike down the "candidate request" provision in BCRA § 504; for the latter simply embodies the regulation in a statute, thereby blocking any agency attempt to repeal it.
III
BCRA § 504's "election message request" requirements call for broadcasters to keep records of requests (made by any member of the public) to broadcast a "message" about "a legally qualified candidate" or "any election to Federal office." 47 U. S. C. §§ 315(e)(1)(B)(i), (ii) (Supp. II). Although these requirements are somewhat broader than the
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