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 © 2024 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

LoyalFans Announces Banksie Collaboration With I-5 Billboard

LoyalFans has announced its new collaboration with content creator Banksie (formerly known as Lindsey Banks) with a billboard on I-5, between L.A. and Las Vegas.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company Multi Media reached a settlement with the State of Texas regarding the state's controversial age verification law, HB 1181.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to curtail access to adult material in the U.S. through carefully drafted “age verification” legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, has debuted.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge has acquitted former Backpage.com co-owner Michael Lacey, and two co-defendants, of most of the counts remaining from the protracted case launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Show More