Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the smut that runs during daytime hours on the basic tier of his satellite service. Outraged, the man files a complaint with the Federal Communications Commission (FCC). Yet because this is a subscription service, the FCC does nothing. It matters not that satellite television is increasingly pervasive, nor that once installed it is easily accessible to children.
Matthew S. Schwartz,
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol13/iss4/4