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Constitutional Law Keyed to Cohen
United States v. Playboy Entertainment Group, Inc
Facts
The Telecommunications Act of 1996 included a section, Section:505, that required cable television operators who provide channels primarily dedicated to sexually-oriented programs either to fully scramble or otherwise fully block those channels, or to limit their transmission to hours when children are unlikely to view. Under administrative regulations this is defined as the hours between 10pm and 6am. The purpose of Section:505 is to shield children from hearing or seeing images resulting from signal bleed. Appellee challenges the statute as being unnecessarily restrictive content-based legislation violative of the First Amendment. The District Court concluded that a regime in which viewers could order signal blocking on a household-by-household basis presented an effective, less restrictive alternative to Section:505. This less restrictive means is known as Section:504, which requires a cable operator, upon request of a subscriber to fully scramble or otherwise block a channel that the subscriber does not wish to receive. The United States appealed directly to the Supreme Court, seeking to have the judgment reversed.
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