Opinion summary
Etalia.ai summary of the majority opinion
The case involved a challenge to the Federal Communications Commission's (FCC) regulations under the Cable Television Consumer Protection and Competition Act of 1992. The petitioners, including Alliance for Community Media, argued against provisions that allowed cable operators to prohibit indecent programming on leased access channels and public access channels. They contended these restrictions violated First Amendment rights by imposing content-based limitations on speech in public forums. The Supreme Court upheld most of the FCC’s rules but struck down one provision as unconstitutional: Section 10(c), which permitted cable operators to ban indecent material from leased access channels entirely. The Court reasoned that this section imposed an undue burden on free speech without sufficient justification since less restrictive means were available to address concerns about children accessing such content.
Opinion written by Justice Breyer
Decided 28 Jun 1996 · Official report