Supreme Court Considers Cable Programming Case

Several justices voiced free-speech concerns Wednesday as the Supreme Court heard arguments over the constitutionality of 1992 restrictions on sexually explicit cable-television programs.

The government has used its power, said Justice Sandra Day O’Connor, “to eliminate certain types of protected speech.”

While O’Connor focused on the law’s burden on cable-television programmers, Justice Ruth Bader Ginsburg observed its effect on television viewers. She said the law authorizing cable companies to block out indecent programs unless a subscriber requests a channel be unblocked puts a person in the “uncomfortable position” of announcing to the cable company that the person wants the suspicious program for home viewing.

The closely watched cable case eventually could affect legislation making it illegal to provide “indecent” material to minors on the Internet. The prohibition signed into law this month already has been subject to First Amendment challenge.

Both situations pit defenders of free speech and diverse information against child advocates who worry about what minors can see on television or online.

At issue Wednesday was a law that allows cable-television operators to ban or block indecent shows offered by independent and local programmers. The regulation applies only to “leased access” channels, carrying shows by independent programmers, and “public access” channels set aside for the public and local education and government groups.

Under the law, a cable company may ban programming it “reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary standards.”