United States of America

[US] Supreme Court refuses to review indecency rules

IRIS 1996-2:1/15

Michael Botein

Media Center, New York Law School

On 14 January 1996, the Supreme Court of the United States refused to review a decision of the Court of Appeals for the District of Columbia, which had upheld an FCC rule allowing `indecent' (i.e., pornographic) material to be broadcast on radio and television only between midnight and 06.00 am (the so-called "safe harbour" period).

The FCC rule was in response to an Act of Congress, which had required the FCC to adopt such a regulation, and had been sponsored by Senator Jessy Helms. The Circuit Court had reasoned that the rule was a reasonable response to the fact that children often are in the audience until very late at night. As is quite common, the Supreme Court did not write an opinion, and gave no reasons for its refusal to review the case. (Prof. Michael Botein, Communications Media Center at the New york Law School)