Source: AP
By: Laurie Asseo
(WASHINGTON) — Congress violated free-speech rights when it sought to protect children from sex-oriented cable channels like Playboy Television, the Supreme Court ruled today.
The 5-4 decision said Congress went too far when it required cable TV systems to restrict sex-oriented networks to overnight hours if they do not fully scramble their signal for nonsubscribers.
“If television broadcasts can expose children to the real risk of harmful exposure to indecent materials, even in their own home and without parental consent, there is a problem the government can address,” Justice Anthony M. Kennedy wrote for the court. “It must do so, however, in a way consistent with First Amendment principles.
“Here the government has not met the burden the First Amendment imposes,” Kennedy said.
The justices upheld a lower court’s conclusion that less restrictive alternatives are available to address the issue.
