Home > News > CRS Study Pans Cable Indecency Rules • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

CRS Study Pans Cable Indecency Rules

CRS Study Pans Cable Indecency Rules
Get XBIZ News
Dec 9, 2005 11:00 AM PST    Text size: 
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

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

Cam World: Q&A With Studio 20’s Andra Chirnogeanu

One of the blue-ribbon studios in the cam biz is Studio 20, which is now a global brand, with locations on both sides of the Atlantic — from Romania to Hollywood, Calif. Of course, with every strong... More »

Cam World: Model of Month Jenny Blighe Is Red-Hot

Have you found out about MyFreeCams sensation Jenny Blighe, the fiery Arkansas redhead? For the past four years, Blighe’s been camming on an almost-daily basis on MyFreeCams, building a loyal fan... More »

Justin Sayne Leather Expands Team, Gears Up for Eventful 2017

When Justin Sayne looks back on 2016, he will likely remember it as a year in which his Arizona-based company, Justin Sayne Leather, grew by leaps and bounds. Important new hires joined the company, Sayne... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!