What is the current state of the law in the context of indecent content on the airwaves?

MultiRegion, United States of America

The following excerpt is from Information Providers' Coalition for Defense of the First Amendment v. F.C.C., 928 F.2d 866 (9th Cir. 1991):

Patently offensive, indecent material presented over the airwaves confronts the citizen, not only in public, but also in the privacy of the home, where the individual's right to be left alone plainly outweighs the First Amendment rights of an intruder. Rowan v. Post Office Dept., 397 U.S. 728 [90 S.Ct. 1484, 25 L.Ed.2d 736 (1970) ]. Because the broadcast audience is constantly tuning in and out, prior warnings cannot completely protect the listener or viewer from unexpected program content....

Second, broadcasting is uniquely accessible to children, even those too young to read.

Id. at 748-49, 98 S.Ct. at 3040.

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