CRS Study Pans Cable Indecency Rules

WASHINGTON — Applying broadcast indecency rules to cable would likely violate cable channels’ First Amendment rights, according to a research report recently released by the Congressional Research Service.

The Federal Communications Commission reportedly is seeking to apply broadcast rules that would require cable to ban indecent content from 6 a.m.-1 0 p.m. In 2000, the Supreme Court struck down a similar proposal for indecency regulation of cable channels in a case involving Playboy Channel.

"It appears likely that a court would find that to apply the FCC's indecency restriction to cable television would be unconstitutional,” the CRS concludes in its 14-page study, released Dec. 1.

As the public-policy arm of Congress, the CRS prepares reports for the exclusive use of Capitol Hill lawmakers and committee personnel. Its work is confidential and intended to be nonpartisan.

In an attempt to compromise with Congress and the FCC, the National Cable and Telecommunications Association offered to let legislation pass that would apply broadcast indecency rules to cable's basic and expanded-basic tiers on the condition that the law not take effect until the courts had upheld its constitutionality.

But the proposal did not gain much traction on Capitol Hill. In its analysis questioning a cable indecency law, the CRS said courts would require the law serve a compelling state interest and represent the least restrictive means for its advancement.

"It seems uncertain whether the [Supreme] Court would find that denying minors access to ‘indecent’ material on cable television would constitute a compelling governmental interest," the CRS said in its report.

Additionally, Free Speech Coalition Spokesperson Jeffrey Douglas told XBiz it is unlikely a law regulating indecency on cable would pass on Capitol Hill.

“Regrettably, FCC’s decision will be made, surely, on raw political basies,” Douglas said. “But, fortunately … all of the people who would be subject to regulation have enormous resources and advocates.”

Previously, the courts have said that shielding children from sexually explicit material is a compelling state interest. However, the CRS said cable indecency regulation was problematic because "not all indecent material is sexually explicit."

The CRS said the Supreme Court might accept a 6 a.m.-10 p.m. ban on indecent material as the least-restrictive method of applying such rules to cable but still strike down the law

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Pineapple Support, SextPanther to Host Stress Management Support Group

Pineapple Support and SextPanther are hosting a free online support group focused on stress management for performers.

Goddess Tangent Launches New Site Through Grooby's Blue.xxx

Goddess Tangent has launched her new membership site, TangentOD.com, through Grooby's website management company Blue.xxx.

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

Show More