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No. 95-992

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TURNER BROADCASTING SYSTEM, INC., et al., APPELLANTS v. FEDERAL COMMUNICATIONS COMMISSION et al.

on appeal from the united states district court for the district of columbia

[March 31, 1997]

Justice Stevens, concurring.

As Justice Kennedy clearly explains, the policy judgments made by Congress in the enactment of legislation that is intended to forestall the abuse of monopoly power are entitled to substantial deference. Ante, at 12-13, 43. That is true even when the attempt to protect an economic market imposes burdens on communication. Cf. United States v. Radio Corp. of America, 358 U.S. 334 (1959); FTC v. Superior Court Trial Lawyers Assn., 493 U.S. 411, 428, n. 12 (1990) (" `This Court has recognized the strong governmental interest in certain forms of economic regulation, even though such regulation may have an incidental effect on rights of speech and association' " (quoting NAACP v. Claiborne Hardware Co., 458 U.S. 886, 912 (1982)). If this statute regulated the content of speech rather than the structure of the market, our task would be quite different. See Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 669, n. 2 (1994) (Stevens, J., concurring in part and concurring in judgment). Cf. Sable Communications of Cal., Inc. v. FCC, 492 U.S. 115, 129 (1989); Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 843 (1978). Though I write to emphasize this important point, I fully concur in the Court's thorough opinion.