One of the most controversial issues in modern communications law is whether the Federal Communications Commission's power to regulate "indecent" program content extends to cable television. This comment summarizes the history of the Commission's regulation of broadcasting and explains how cable television, due to its distinct nature, fails to fit within this regulatory scheme. The author concludes that any attempt to regulate "indecent" programming must abide by the Supreme Court's obscenity guidelines and that cable television's potential for improving the range of communications will never be realized unless the FCC maintains a "hands off" approach toward cable TV program content
George P. Faines,
Obscenity, Cable Television and the First Amendment: Will FCC Regulation Impair the Marketplace of Ideas,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol21/iss4/6