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 © 2025 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

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Penthouse Announces Digital Archive Launch

Penthouse Magazine has announced that it will launch a comprehensive digital archive in 2026.

Dreamcam Joins Pineapple Support as Supporter-Level Sponsor

Dreamcam has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters by country in August and September.

AV in Focus: A Guide to Unlocking Compliance With Clarity

The age verification era isn’t coming — it’s here. Laws are already on the books in numerous U.S. states, as well as in the U.K., France and beyond.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Ricky Johnson Launches 'Ricky's Resort' Through YourPaysitePartner

Ricky's Room studio honcho Ricky Johnson has launched his latest site, RickysResort.com, through YourPaysitePartner (YPP).

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

Show More