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Turner Broadcasting System, Inc.. v. F.C.C. (93-44), 512 U.S. 622 (1994)
Concurrence
[ Stevens ]
Opinion
[ Kennedy ]
Other
[ O'Connor ]
Other
[ Ginsburg ]
Concurrence
[ Blackmun ]
Syllabus
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SUPREME COURT OF THE UNITED STATES


No. 93-44


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

[June 27, 1994]

Justice Blackmun, concurring.

I join Justice Kennedy's opinion, which aptly identifies and analyzes the First Amendment concerns and principles that should guide consideration of free speech issues in the expanding cable industry. I write to emphasize the paramount importance of according substantial deference to the predictive judgments of Congress, see, e.g., Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 103 (1973), particularly where, as here, that legislative body has compiled an extensive record in the course of reaching its judgment. Nonetheless, the standard for summary judgment is high, and no less so when First Amendment values are at stake and the issue is of far reaching importance. Because in this case there remain a few unresolved issues of material fact, a remand is appropriate. The Government had occasion to submit to the District Court only portions of the record developed by Congress. In light of the Court's opinion today, those portions, which were submitted to defeat a motion for summary judgment, are not adequate to support one. The record before the District Court no doubt will benefit from any additional evidence the Government and the other parties now see fit to present.