et al playboy entertainment group argued november decided may section telecommunications act requires cable television operators providing channels primarily dedicated programming either fully scramble otherwise fully block channels limit transmission hours children unlikely viewing set administrative regulation even enactment cable operators used signal scrambling limit access certain programs paying customers scrambling imprecise however either audio visual portions scrambled programs might heard seen phenomenon known signal bleed purpose shield children hearing seeing images resulting signal bleed comply majority cable operators adopted time channeling approach day viewers service areas receive programming question appellee playboy entertainment group filed suit challenging constitutionality district concluded restriction speech violates first amendment government might interests less restrictive ways one plausible less restrictive alternative found act requires cable operator pon request cable service subscriber without charge fully scramble otherwise fully block channel subscriber wish receive long subscribers knew opportunity reasoned provide much protection unwanted programming held government failed prove least restrictive means addressing real problem district err holding statute violative first amendment pp two points understood many adults find material issue highly offensive considering material comes unwanted homes children might see hear parental wishes consent legitimate reasons regulating playboy programming first amendment protection section regulation also singles particular programmers regulation moment statute impose complete prohibition since stand satisfies strict scrutiny sable communications fcc must narrowly tailored promote compelling government interest less restrictive alternative serve government purpose legislature must use alternative cable television like broadcast media presents unique problems even speech indecent enters home objective shielding children suffice support blanket ban protection obtained less restrictive alternative moreover key difference cable television broadcasting media cable systems capacity block unwanted channels basis targeted blocking less restrictive banning government ban speech targeted blocking feasible effective means furthering compelling interests pp one disputes narrowly tailored government goal supporting parents want sexually explicit channels blocked question whether effective despite empirical evidence generated requests blocking period sole federal blocking statute effect district correctly concluded publicized adequate manner serve effective less restrictive means reaching government goals government restricts speech government bears burden proving constitutionality actions greater new orleans broadcasting three explanations lack individual blocking requests individual blocking might effective alternative due technological limitations although adequately advertised blocking provision might effective written require sufficient notice make actual signal bleed problem might far less concern government first supposed government show first right answer according district however first third possibilities equally consistent record record clear whether enough notice issued give fighting chance unless district findings clearly erroneous tie goes free expression regard signal bleed district thorough discussion exposes central weakness government proof little hard evidence widespread serious problem proof likely child view discernible explicit image proof duration bleed quality pictures sound sanctionable signal bleed include instances fleeting image appearing screen seconds first amendment requires careful assessment characterization evil order justify regulation sweeping government failed establish pervasive nationwide problem justifying nationwide daytime speech ban government also failed prove adequate notice ineffective evidence voluntary blocking provision capable least informing parents signal bleed yet aware rights bleed blocked consider problem yet controlled assume plausible less restrictive alternative ineffective presume parents given full information fail act government also argues society independent interests unserved parents fail act information even upon assumption government interest substituting informed empowered parents interest sufficiently compelling justify widespread restriction speech regulatory alternative publicized real possibility promoting open disclosure choice effective blocking system provide parents information needed engage active supervision government shown alternative insufficient secure objective overriding harm justifies intervention although voluntary blocking regime even adequate notice children exposed signal bleed children also exposed time channeling eliminate signal bleed around clock record silent comparative effectiveness two alternatives pp supp affirmed kennedy delivered opinion stevens souter thomas ginsburg joined stevens thomas filed concurring opinions scalia filed dissenting opinion breyer filed dissenting opinion rehnquist scalia joined et appellants playboy entertainment group appeal district district delaware may justice kennedy delivered opinion case presents challenge telecommunications act pub stat supp iii section requires cable television operators provide channels primarily dedicated programming either fully scramble otherwise fully block channels limit transmission hours children unlikely viewing set administrative regulation time supp iii cfr even enactment statute signal scrambling already use cable operators used scrambling regular course business paying customers access certain programs scrambling imprecise however either audio visual portions scrambled programs might heard seen phenomenon known signal bleed purpose shield children hearing seeing images resulting signal bleed comply statute majority cable operators adopted second time channeling approach effect widespread adoption time channeling eliminate altogether transmission targeted programming outside safe harbor period affected cable service areas words day household service areas receive programming whether household viewer wanted appellee playboy entertainment group challenged statute unnecessarily restrictive legislation violative first amendment trial district concluded regime viewers order signal blocking basis presented effective less restrictive alternative supp del finding error conclusion affirm playboy entertainment group owns prepares programs adult television networks including playboy television spice playboy transmits programming cable television operators retransmit subscribers either monthly subscriptions premium channels basis cable operators transmit playboy signal like premium channel signals scrambled form operators provide paying subscribers addressable converter box placed home television set converter permits viewer see hear descrambled signal conceded almost playboy programming consists sexually explicit material defined statute statute enacted scrambling technology perfect analog cable television systems may use either rf baseband scrambling systems may prevent signal bleed discernible pictures may appear time time scrambled screen furthermore listener might hear audio portion program imperfections inevitable problem present appears economical convert simpler rf baseband scrambling systems alternative scrambling technologies systemwide scale digital technology may one day provide another solution presents bleed problem indeed digital systems projected become technology choice eliminate signal bleed problem digital technology yet widespread use however imperfect scrambling viewers paid receive playboy channels may happen across discernible images sexually explicit nature many viewers discernible scene sound often may occur issue case section enacted address signal bleed phenomenon noted statute implementing regulations require cable operators either scramble sexually explicit channel full limit channel programming hours supp iii cfr section added floor amendment without significant debate telecommunications act act major legislative effort designed reduce regulation encourage rapid deployment new telecommunications technologies reno american civil liberties union quoting stat act includes seven titles six product extensive committee hearings subject discussion reports prepared committees senate house representatives reno supra section found title act known communications decency act cda stat section become effective march days act signed president note following supp iii march playboy obtained temporary restraining order tro enjoining enforcement supp del brought suit district pursuant act stat note following supp iii playboy sought declaration violates constitution injunction prohibiting law enforcement district denied playboy preliminary injunction supp del summarily affirmed tro lifted federal communications commission announced begin enforcing may implementation section telecommunications act fcc rcd statute became operative cable operators practical choice curtail targeted programming regulated sixteen hours risk penalties imposed audio video signal bleed occur red times supp majority operators one survey complied time channeling targeted programmers ibid since adult programming viewed households prior result significant restriction communication corresponding reduction playboy revenues ibid march district held full trial concluded violates first amendment supp district observed imposed restriction speech agreed interests statute advanced compelling concluded government might interests less restrictive ways one plausible less restrictive alternative found another section act requires cable operator pon request cable service subscriber without charge fully scramble otherwise fully block channel subscriber wish receive stat supp iii long subscribers knew opportunity reasoned provide much protection unwanted programming supp time content neutral less restrictive playboy first amendment rights ibid described adequate notice include suggesting operators communicate subscribers information certain channels broadcast programming signal bleed may appear children may view signal bleed without parents knowledge permission channel blocking devices available free charge request free device made telephone call operator means providing notice include inserts monthly billing statements barker channels preview channels programming coming advertisement channels one broadcasting sexually explicit programming ibid added notice conveyed regular basis reasonable intervals include notice changes channel alignments ibid district concluded supplemented effective less restrictive alternative consequently declared unconstitutional enjoined enforcement also required playboy insist notice provisions contracts cable operators ibid filed direct appeal pursuant district thereafter dismissed lack jurisdiction two motions filed government app juris statement noted probable jurisdiction affirm ii two essential points understood concerning speech issue first shall assume many adults find material highly offensive consider circumstance material comes unwanted homes children might see hear parental wishes consent legitimate reasons regulating second parties bring case us premise playboy programming first amendment protection case litigated alleged obscene adults constitutional right view government disclaims interest preventing children seeing hearing consent parents playboy concomitant rights first amendment transmit points undisputed speech question defined content statute seeks restrict content based section applies channels primarily dedicated sexually explicit adult programming programming indecent statute unconcerned signal bleed channels see section apply signal bleed occurs premium channel networks like hbo disney channel overriding justification regulation concern effect subject matter young viewers section justified without reference content regulated speech ward rock racism quoting clark community creative emphasis deleted focuses content speech direct impact speech listeners boos barry opinion essence regulation single particular programming content regulation also singles particular programmers speech question thought congress harmful channels subject restriction instead statutory disability applies channels primarily dedicated programming supp iii one sponsor measure even identified appellee name see cong rec statement feinstein noting statute apply channels playboy spice channels laws designed intended suppress restrict expression specific speakers contradict basic first amendment principles section limited playboy market penalty programming choice though channels capable transmitting like material altogether exempt effect federal statute protected speech apparent evident reasonable way substantial number cable operators comply letter time channel silences protected speech day every home cable service area regardless presence likely presence children wishes viewers according district adult programming viewed households prior period begins supp prohibit much speech significant restriction communication speakers willing adult listeners communication enjoys first amendment protection moment statute impose complete prohibition distinction laws burdening laws banning speech matter degree government burdens must satisfy rigorous scrutiny bans since speech restriction stand satisfies strict scrutiny sable communications fcc statute regulates speech based content must narrowly tailored promote compelling government interest ibid less restrictive alternative serve government purpose legislature must use alternative reno cda internet indecency provisions burden adult speech unacceptable less restrictive alternatives least effective achieving legitimate purpose statute enacted serve sable communications supra government may regulate content constitutionally protected speech order promote compelling interest chooses least restrictive means articulated interest otherwise restrict speech without adequate justification course first amendment permit precedents teach principles designed benefit speech restriction shield sensibilities listeners general rule right expression prevails even less restrictive alternative exists expected protect sensibilities simply averting eyes cohen california accord erznoznik jacksonville course consider images transmitted homes wanted parents often present give immediate guidance cable television like broadcast media presents unique problems inform assessment interests stake may justify restrictions unacceptable contexts see denver area ed telecommunications consortium fcc plurality opinion kennedy concurring part concurring judgment part dissenting part fcc pacifica foundation one suggests government must indifferent unwanted indecent speech comes home without parental consent speech agree protected speech question standard government must meet order restrict consider regulation answer clear standard strict scrutiny case involves speech alone even speech indecent enters home objective shielding children suffice support blanket ban protection accomplished less restrictive alternative sable communications instance feasibility technological approach controlling minors access messages required invalidation complete statutory ban medium upholding statute whereby householder may insulate advertisements offer sale matter addressee sole discretion believes erotically arousing sexually provocative quoting supp iv bolger youngs drug products rejecting blanket ban mailing unsolicited contraceptive advertisements compare also ginsberg new york upholding state statute barring sale minors material defined obscene basis appeal butler michigan rejecting blanket ban material tending incite minors violent depraved immoral acts manifestly tending corruption morals youth quoting mich penal code cases arose different context sable communications reno instance also note affirmative steps necessary obtain access indecent material via media issue provide necessary instruction complying accepted first amendment principles zoning cases hand irrelevant question post breyer dissenting citing renton playtime theatres young american mini theatres made clear lesser scrutiny afforded regulations targeting secondary effects crime declining property values application regulations targeting primary effects protected speech reno supra boos statute us dens speech content must receive strict scrutiny moreover key difference cable television broadcasting media point case turns cable systems capacity block unwanted channels basis option block reduces likelihood concerning pacifica supra traditional first amendment scrutiny deprive government authority address sort problem corollary course targeted blocking enables government support parental authority without affecting first amendment interests speakers willing listeners listeners speech unpopular indecent privacy homes may optimal place receipt simply put targeted blocking less restrictive banning government ban speech targeted blocking feasible effective means furthering compelling interests say absence effective blocking mechanism cases suffice support law restricting speech question less restrictive means available government achieve goals government must use iii district concluded less restrictive alternative available adequate publicity supp one disputes requires cable operators block undesired channels individual households upon request narrowly tailored government goal supporting parents want channels blocked question whether effective plausible less restrictive alternative offered speech restriction government obligation prove alternative ineffective achieve goals government met burden support position government cites empirical evidence showing promulgated implemented trial generated requests blocking march may government enjoined enforcing remained operation survey cable operators determined fewer cable subscribers requested full blocking time uncomfortable fact sole blocking regulation effect year public greeted collective yawn district correct direct attention import tepid response placing burden proof upon government district examined whether capable serving effective less restrictive means reaching government goals concluded publicized adequate manner district employed proper approach government restricts speech government bears burden proving constitutionality actions greater new orleans broadcasting government bears burden identifying substantial interest justifying challenged restriction reno governmental body seeking sustain restriction commercial speech must demonstrate harms recites real restriction fact alleviate material degree board trustees state univ fox state bears burden justifying restrictions tinker des moines independent community school order state justify prohibition particular expression opinion must able show action caused something mere desire avoid discomfort unpleasantness always accompany unpopular viewpoint government seeks restrict speech based content usual presumption constitutionality afforded congressional enactments reversed regulations presumptively invalid paul government bears burden rebut presumption good reason line speech unconditionally guaranteed speech may legitimately regulated suppressed punished finely drawn speiser randall error marking line exacts extraordinary cost speech convictions beliefs influenced expressed tested speech bring beliefs bear government society speech personalities formed expressed citizen entitled seek reject certain ideas influences without government interference control student first encounters free speech jurisprudence might think influenced philosophy one idea good art literature objective standards style taste decorum beauty esthetics deemed constitution inappropriate indeed unattainable quite opposite true constitution enforces relativistic philosophy moral nihilism point view constitution exists precisely opinions judgments including esthetic moral judgments art literature formed tested expressed constitution says judgments individual make government decree even mandate approval majority technology expands capacity choose denies potential revolution assume government best positioned make choices us rare regulation restricting speech content ever permissible indeed give government benefit doubt attempted restrict speech risk leaving regulations place sought shape unique personalities silence dissenting ideas first amendment compliance point proved risk operative trials must rest government citizen burden mind district explored three explanations lack individual blocking requests supp first individual blocking might effective alternative due technological limitations second although adequately advertised blocking provision might effective written require sufficient notice make third actual signal bleed problem might far less concern government first supposed ibid sustain statute government required show first right answer according district however first third possibilities equally consistent record ibid second record clear whether enough notice issued give fighting chance ibid case best draw unless district findings clearly erroneous tie goes free expression district began problem signal bleed concluding government convinced us signal bleed pervasive problem district thorough discussion exposes central weakness government proof little hard evidence widespread serious problem signal bleed indeed proof likely child view discernible explicit image proof duration bleed quality pictures sound say millions children subject risk viewing signal bleed one thing avoid articulating true nature extent risk quite another sanctionable signal bleed include instances fleeting image appearing screen seconds first amendment requires careful assessment characterization evil order justify regulation sweeping although parties taken additional step lodging assortment videotapes show quite explicit bleeding show television static snow attempt explanation context discussion instance extent particular tape representative appears screens nationwide government relied trial anecdotal evidence support regulation district summarized follows government presented evidence two city councillors eighteen individuals one senator officials one city complained either cable operator local congressman fcc viewing signal bleed television instance local cable operator offered fact rectify situation free exception individual varying degrees rapidity included complaints additional concern parents might aware children exposed problem addition government presented evidence child exposed signal bleed friend house cindy omlin set lockout feature remote control prevent child tuning adult channels eleven year old son nevertheless exposed signal bleed attended slumber party friend house government presented evidence handful isolated incidents years since playboy started broadcasting government presented evidence magnitude problem record citations omitted spurred district express request specific evidence problem see government also presented expert spreadsheet estimate million homes million children potential exposed signal bleed supp government made attempt confirm accuracy estimate surveys field tests however accordingly district discounted figures made finding government presented evidence number households actually exposed signal bleed thus quantified actual extent problem signal bleed finding clearly erroneous indeed required went effect course significant percentage cable operators felt necessary time channel sexually explicit programmers indication scrambling technology yet perfected say however scrambling completely ineffective different cable systems use different scrambling systems vary dependability severity problem varies time time place place depending weather quality equipment installation maintenance even good end spectrum system might bleed extent sufficient trigger requirement cautious cable operator statute requires signal fully block ed supp iii emphasis added rational cable operator faced possibility sanctions intermittent bleeding well choose time channel even bleeding momentary pose concern households affirm government failed prove existence problem time observing statute imposes severe burden speech consistent analysis cases require probative evidence record differentiates among extent bleed individual households evidence otherwise quantifies signal bleed problem addition solutions programmable televisions vcr mapping systems display blue screen tuned scrambled signal may eliminate signal bleed consumer end cable supp playboy made point trial government estimate failed account factors without sort field survey impossible know widespread problem fact indicator record handful complaints cf turner broadcasting system fcc reviewing record tens thousands pages evidence developed three years hearings well additional expert submissions sworn declarations testimony industry documents support complex provisions number children transfixed even flickering pornographic television images fact reached millions like district expected directed handful complaints support restriction found near barren legislative record relevant provision section added act floor amendment accompanied brief statements without committee hearing debate see cong rec one measure sponsors indicate considered time channeling superior voluntary blocking put burden action subscriber cable company statement feinstein sole conclusory statement however tells little relative efficacy voluntary blocking versus time channeling offering unhelpful generality voluntary measures require voluntary action declined rely similar evidence see sable communications side conclusory statements debates proponents bill congressional record presented us contains evidence effective ineffective regulations might prove omitted reno suggest page record must compiled every case government must delay acting address real problem government must present anecdote supposition question whether actual problem proven case agree government failed establish pervasive nationwide problem justifying nationwide daytime speech ban district err second conclusion government also failed prove adequate notice ineffective alternative district invited government produce proof see blocking option promoted become meaningful alternative provisions time permanent injunction hearing evidence actual predicted impact efficacy helpful us government fell short see supp government argument ineffective premised adequate notice subscribers clear however record notices provisions adequate evidence voluntary blocking provision capable least informing parents signal bleed yet aware rights bleed blocked consider problem yet controlled government finds least two problems conclusion district first government takes issue district reliance without proof hypothetical enhanced version section brief et al district obligation however predict extent improved notice scheme improve government presented plausible less restrictive alternative prove alternative ineffective least restrictive available means indeed extent district erred attempting implement less restrictive alternative judicial decree requiring playboy provide expanded notice cable service contracts appropriate remedy repair statute enjoin speech restriction given existence less restrictive means legislature wished improve statute perhaps process giving careful consideration alternatives government also contends publicized restrictive theory cost installing blocking devices outstrip revenues distributing playboy programming lead cancellation see supp conclusion rests assumption sufficient percentage households informed potential signal bleed consider enough problem order blocking devices assumption support record noted furthermore playboy willing incur costs effective one might infer playboy believes advertised ineffective object one might infer company believes signal bleed problem widespread absence proof assume former response voluntary blocking requires consumer take action may inconvenient may go perfectly every time assume plausible less restrictive alternative ineffective presume parents given full information fail act unresponsive operators concern moreover notice statute give cable operators ample incentive fines penalties noncompliance respond blocking requests prompt efficient fashion adduced evidence district showing adequately advertised effective aid desirous parents keeping signal bleed households government cite nothing record support point government instead takes quite different approach offhand suggestion success highly unlikely government sets point aside arguing instead society independent interests unserved parents fail act information brief et al nder enhanced version section parents strong feelings matter see children view signal bleed least homes even enhanced version section succeed blocking signal bleed parents affirmatively decided avail means offered certainly parents perhaps large number parents inertia indifference distraction simply take action block signal bleed even fully informed problem even offered relatively easy solution reply brief et al society interest course served instances parents request blocking enhanced section cases parents fail make use enhanced section procedure distraction inertia indifference section means protect society independent interest even upon assumption government interest substituting informed empowered parents interest sufficiently compelling justify widespread restriction speech government argument stems idea parents know children viewing material scale frequency cause concern parents want take affirmative steps block decisions superseded assumptions established event assumptions apply regime option blocking explained whole point publicized advise parents indecent material may shown afford opportunity block times even home even time channeling offer assistance regulatory alternative publicized real possibility promoting open disclosure choice effective blocking system provide parents information needed engage active supervision government shown alternative regime added communication support insufficient secure objective overriding harm justifies intervention little doubt course voluntary blocking regime even adequate notice children exposed signal bleed need discount possibility graphic image negative impact young child must remembered however children exposed signal bleed time channeling well time channeling unlike blocking eliminate signal bleed around clock adolescents may unsupervised outside households hardly unknown unsupervised front television set record silent comparative effectiveness two alternatives basic speech principles stake case purpose design statute regulate speech reason content special consideration latitude accorded government merely law somehow described burden rather outright suppression influenced moreover perception regulation question major one speech important history law free expression one vindication cases involving speech many citizens may find shabby offensive even ugly follows restrictions speech must give us moment pause television broadcasts expose children real risk harmful exposure indecent materials even home without parental consent problem government address must however way consistent first amendment principles government met burden first amendment imposes government failed show least restrictive means addressing real problem district err holding statute violative first amendment light ruling unnecessary address second question presented whether district divested jurisdiction consider government postjudgment motions government filed notice appeal judgment district affirmed ordered appendix opinion section telecommunications act pub stat supp iii provides relevant part requirement providing sexually explicit adult programming programming indecent channel service primarily dedicated programming multichannel video programming distributor shall fully scramble otherwise fully block video audio portion channel one subscriber channel programming receive implementation multichannel video programming distributor complies requirement set forth subsection section distributor shall limit access children programming referred subsection providing programming hours day determined commission significant number children likely view scramble defined used section term scramble means rearrange content signal programming programming viewed heard understandable manner section telecommunications act pub stat supp iii provides relevant part subscriber request upon request cable service subscriber cable operator shall without charge fully scramble otherwise fully block audio video programming channel carrying programming one subscriber receive scramble defined used section term scramble means rearrange content signal programming programming viewed heard understandable manner et appellants playboy entertainment group appeal district district delaware may justice stevens concurring justice scalia advanced argument parties addressed brief response order relying ginzburg justice scalia treat programs whose content assumes protected first amendment though obscene way advertised four separate dissenting opinions ginzburg authored justices black harlan douglas stewart amply demonstrated untenable character ginzburg decision rendered ginzburg theory obscenity legal fiction premised upon logical advertising bareheaded dancer topless might deceptive make performance obscene explained dissent splawn california ginzburg decided extended first amendment protection commercial speech virginia bd pharmacy virginia citizens consumer council justice scalia proposal thus anachronistic also overlooks key premise upon commercial speech cases based first amendment assumes general matter information harmful people perceive best interests well enough informed best means end open channels communication rather close fact programs marketed playboy offensive many viewers provides justification protecting penalizing truthful statements content et appellants playboy entertainment group appeal district district delaware may justice thomas concurring seem respect least cable programming affected telecommunications act government ample constitutional statutory authority prohibit broadcast entirely governmental restriction distribution obscene materials receives first amendment scrutiny roth though perhaps programming issue case obscene defined term miller california one fairly conclude standards applicable many communities programming meets miller test government empowered statute sanction broadcasts criminal penalties see supp iii whoever transmits cable system matter obscene otherwise unprotected constitution shall fined title imprisoned years however points case litigated assumption programming issue obscene merely indecent factual finding materials issue fact obscene indeed district described materials indecent obscene supp del government challenge characterization tr oral arg instead asks ratify statute assumption protected speech unwilling absence factual findings advocacy position rely view relevant programming obscene remains assumption programming restricted obscene merely indecent government declined defend statute regulation obscenity asks us dilute stringent first amendment standards uphold proper regulation protected rather unprotected speech see brief appellants arguing traditional strict scrutiny apply unwilling corrupt first amendment reach result starch constitutional standards sacrificed accommodate enforcement choices government see denver area ed telecommunications consortium fcc souter concurring reviewing speech regulations fairly strict categorical rules keeps starch standards moments daily politics cries loudest limiting may said applying first amendment exacting standards correctly determined upheld theory argued government accordingly join opinion et appellants playboy entertainment group appeal district district delaware may justice scalia dissenting agree principal dissent case telecommunications act pub stat supp iii supported compelling state interest narrowly tailored write separately express view upheld simpler fashion finding regulates business obscenity sure federal communications commission implementing regulation see cfr purport capture programming indecent rather merely obscene assume purposes discussion though highly fanciful assumption none transmissions issue independently crosses boundary established obscenity see miller california individual programs enjoy first amendment protection view however assumption put end inquiry recognized commercial entities engage sordid business pandering deliberately emphasiz ing sexually provocative aspects nonobscene products order catch salaciously disposed engage constitutionally unprotected behavior ginzburg see also dallas scalia concurring part dissenting part pinkus splawn california hamling cf jacobellis ohio warren dissenting opinion use various materials put words pictures must considered determining whether materials obscene whether products business traffics independently meet high hurdle established delineating obscene contain serious literary artistic political scientific value miller supra see ginzburg permissive government regulation circumstances clear context exchanges businesses customers occur neither merchant buyer interested work literary artistic political scientific value deliberate representation petitioner publications erotically arousing stimulate reader accept prurient looks titillation saving intellectual content thus business offer hardcore sexual material constant intentional objective business seek promote finds sanctuary first amendment supra scalia concurring part dissenting part section regulates sort business coverage limited programming describes depicts sexual excretory activities organs patently offensive manner measured contemporary community standards cable television cfr emphasis added furthermore applies channels primarily dedicated programming emphasis added conceivable suppose channel primarily dedicated sex might hold forth primarily dedicated sex case productions contain serious literary artistic political scientific value entitled first amendment protection statuary rooms national gallery competitive world cable programming possibility channel devoted sex advertise sufficiently remote number channels sufficiently small indeed nonexistent render provision substantially playboy illustrates type business designed reach playboy provides networks playboy television adultvision adam eve spice virtually sexually explicit adult programming supp del example spice network playboy describes programming depicting activities female sex oral record exh one expect given content playboy advertises accordingly calls enjoy sexiest hottest adult movies privacy home exh example promotion particular movie follows little miss country girls aching quick roll hay watch southern hospitality pull stops ravin nymphos tear barn light big country sky exh one may doubt whether marvel sort embarrassingly juvenile promotion really attracts playboy assures us adult audience certainly marketing thus agree justice breyer analysis leaves feeling conclusion al capone accurately report income children protected occasional uninvited exposure appellee calls programming section covers businesses engage commercial exploitation erotica solely sake prurient appeal ginzburg supra playboy advertisements make plain adult programming contexts contemporary american society chosen permit commercial exploitation may wise democratic choice difficulty many contexts though one identifying panderer sex however course compelled constitution since government entirely free block transmissions may certainly take less drastic step dictating times may occur et appellants playboy entertainment group appeal district district delaware may justice breyer chief justice justice justice scalia join dissenting case involves application elucidation first amendment principles apply established first amendment law statute focuses upon broadcast sexually explicit adult programming adultvision adam eve spice playboy cable channels channels statute requires primarily dedicated programming telecommunications act pub stat supp iii section forbids cable operators sending adult channels homes viewers request practice requires significant number cable operators either upgrade scrambling technology avoid broadcasting channels daylight evening hours must decide whether first amendment permits congress enact statute basic applicable first amendment principles issue must examine statute us great care determine whether restrictions justified compelling interest namely interest limiting children access sexually explicit material recognizes legislature must respect adults viewing freedom narrowly tailoring statute restricts speech necessary choosing instead alternative compelling interest less restrictive least effective way see ante reno american civil liberties union applying principles majority invalidates two reasons finds government failed establish pervasive nationwide problem justifying nationwide daytime speech ban ante government failed prove ineffective ness alternative namely notified viewers requesting broadcaster sexually explicit material stop sending ante view record supports neither reason outset describe statutory scheme somewhat differently majority emphasize three background points first statutory scheme reflects congressional effort control incomplete scrambling previously federal law left cable operators free decide whether transmit adult channels channel operators decided send adult channels subscriber home except request operators implemented decision inexpensive technology signal bleeding scrambling technology either inadvertently way enticement allowed non subscribers see hear going congress decided act senator dianne feinstein present statute legislative cosponsor pointed numerous cable operators across country still automatically broadcasting sexually explicit programming households across america regardless whether parents want subscribers want cong rec complained industry taken baby steps address problem voluntary policies simply recommend action adding problem uniform laws regulations govern sexually explicit adult programming cable television consequently proposed congress enacted present statute statute carefully tailored respect viewer preferences regulates transmissions creating two default rules applicable unless subscriber decides otherwise section requires cable operator fully scramble channel whether broadcasts adult programming subscriber asks receive section requires cable operator fully scramble every adult channel unless subscriber asks receive taken together two provisions create scheme permits subscribers choose see want law creates different default assumption silent subscribers section assumes silent subscriber wants see ordinary non adult channels cable operator includes bundle sent home section assumes silent subscriber want receive adult channels consequently subscriber wishing view adult channel must opt specifically request channel see subscriber wishing view channel sent home must opt see scheme addresses signal bleed indirectly statute perspective signal bleeding failure fully rearrange content signal programming viewed heard understandable manner amounts transmission home hence bleeding violates statute whenever clear transmission unrequested adult channel violate statute second majority characterization statutory scheme prohibit ing speech exaggeration ante rather statute places burden adult channel speech requiring relevant cable operator either use better scrambling technology technology expensive broadcast laws burden speech say making speech less profitable may create serious first amendment issues equivalent absolute ban speech cf nixon shrink missouri government pac thus upheld laws ban access adults sexually explicit speech burden access geographical temporal zoning see renton playtime theatres fcc pacifica foundation young american mini theatres also recognized material first amendment guarantees adults right see may suitable children consequently held legislatures maintain limited power protect children restricting access banning adult material compare ginsberg new york upholding ban sale pornographic magazines minors butler michigan invalidating ban books unfit minors see also denver area ed telecommunications consortium fcc plurality opinion pacifica foundation supra reno supra concurring part dissenting part difference imposing burden enacting ban matter even strict first amendment rules issue third case concerns regulation commercial actors broadcast virtually sexually explicit material supp del channels broadcast trivial amounts serious material birth control information artistic images visual equivalents classical serious literature case therefore present kind narrow tailoring concerns seen cases see reno breadth statutue coverage wholly unprecedented cover large amounts non pornographic material serious educational value butler supra invalidating ban books tending corruption morals background mind reader better understand basic disagreement two conclusions ii majority first concludes government failed prove seriousness problem receipt adult channels children whose parents request broadcast ante claim wrong one thing parties concede basic rf scrambling scramble audio portion program supp another playboy conducted survey cable operators asked system full compliance section discernible audio video bleed question cable operators answered see def exh record government expert took number homes subscribing playboy spice multiplied fraction cable households children average number children per household found million children potentially exposed audio video bleed adult programming def exh record even discounting systems might considered full compliance left million children homes faulty scrambling systems see course record contains additional anecdotal evidence concerns expressed elected officials probative larger problem see supp see also cong rec add empirical evidence majority statement cable operators practical choice adult programming switching nighttime transmission adult channels ante emphasis added quoting supp signal bleed significant empirical problem light cost cure must many cable operators switch night time hours realistic answer question think realistic imagine signal bleed occurs enough make cable operators skittish without also significantly exposing children images see ante majority suggests signal bleed problem significant also significant burden speech created majority evidence ways given logical difficulty quantity empirical evidence majority still believes government proved case imposes burden upon government beyond suggested first amendment case aware iii majority second claim government failed demonstrate absence less restrictive alternative presents closer question specific question whether amounts less restrictive similarly practical effective way accomplish objective reno tells us less restrictive alternative must least effective achieving legitimate purpose statute enacted serve words emphasized similarly effective critical appropriate case ask judge apply first amendment rules mechanically decide whether light benefits potential alternatives statute works harm adult speech proportion benefits statute seeks provide child protection words imply degree leeway however small legislature chooses among possible alternatives light predicted comparative effects without empirical leeway undoubted ability lawyers judges imagine kind slightly less drastic restrictive approach make impossible write laws deal harm called statute justice blackmun pointed judge unimaginative indeed come something little less drastic little less restrictive almost situation thereby enable vote strike legislation illinois bd elections socialist workers party concurring opinion used without sense practical choices face legislatures test merely announces inevitable negative result test test majority describing first amendment jurisprudence scarcely mentions words least effective rather surprising omission since happen case majority refer reno understanding less restrictive alternatives ante addresses governments effectiveness arguments ante therefore assume continues recognize role part test enunciates turn major point disagreement unlike majority believe record makes clear similarly effective alternative section work differently order achieve different legislative objectives section gives parents power tell cable operators keep channel home section unless parents explicitly consent inhibits transmission adult cable channels children whose parents may unaware watching whose parents easily supervise television viewing habits whose parents know rights whose parents simply unavailable critical times respect serves interests laws deny children access adult cabarets movies del code tit code ann laws act absence direct parental supervision legislative objective perfectly legitimate million school age children parents parent work force least million children left alone home without supervision week children may spend afternoons evenings watching television outside home friends offers independent protection large number families see dept education office research improvement bringing education hours summer disagree majority implies government independent interest offering protection preventing say child watching virulent pornography without parental consent might compelling ante previous case protection children issue suggested thing indeed say precisely opposite see reno ginsberg make clear government compelling interest helping parents preventing minors accessing sexually explicit materials absence parental supervision see ginsberg supra definition nothing compelling interest described similarly effective alternative record moreover sets forth empirical evidence showing two laws equivalent respect government objectives majority observes months government enjoined enforcing fewer cable subscribers requested full blocking ante majority describes public reaction collective yawn adding government failed prove yawn reflected anything lack serious signal bleed problem lack notice better information might cure record excludes first possibility least respect exposure discussed see supra doubt public though may well consider ing habits adults matter personal choice yawn exposure question concerns young children absence parental consent sexually explicit material issue see ante scalia dissenting neither record neutral respect curative power better notice section right works parents become aware rights discover children watching signal bleed reach cable operator ask block sending signal home await installation individual blocking device perhaps block fails channel number changes make new request better notice rights little help parents discover children viewing habits step two nothing respect steps three five yet record contains considerable evidence problems matter evidence endlessly delayed phone call responses faulty installations blocking failures mishaps leaving steps significant obstacles see deposition cavalier civ action pp like calling utilities sit wait wait phone took hree weeks numerous phone calls time call cox cable get different stories telephonic deposition bennett two failed installations recall calling said well guess something going live district actual plan better notice plan makes concrete majority better notice requirement fraught difficulties district ordered playboy insist cable operators place notice inserts monthly billing statements barker channels advertising supp one say placing one insert monthly billing statement stuffed others calling additional attention adult channels notice barker channels make small difference importantly interfere extent cable operators freedom decide broadcast district supervise contracts thousands cable operators embody requirement even better notice adequately inform viewers rights exercise rights subscriber base raise playboy costs point playboy forced air entirely supp consequence seem anyone interest free speech majority resting earlier conclusion signal bleed widespread denies likelihood viewers need earlier conclusion unsound see supra majority also relies fact playboy presumably aware economic interests willing incur costs effective ante yet denial majority admits may simply reflect playboy knowledge even better notice work section similarly effective alternative respect government interest protecting children unless minimal number viewers actually use yet economic evidence shows playboy programming totally eliminated majority provides answer argument opinion evidence sufficient dispose case course logically possible better notice bring near perfect parental knowledge children watch rights cable operators respond rapidly blocking requests still informed parents decided adult channels blocked free probability remote possibility occur neither draw tie ante fact sufficient government met burden proof considerations show even plan better notice similarly effective achieving legitimate goals statute enacted serve iv section raises cost adult channel broadcasting restricts ban adult speech adults may continue watch adult channels though less conveniently watching night recording programs vcr subscribing digital cable better blocking systems cf renton upholding zoning rules force potential adult theatre patrons travel less convenient locations government justification imposing restriction limiting access children channels cast virtually sexually explicit material compelling record shows similarly effective less restrictive alternative consequently restriction viewed light proposed alternative proportionate need say restricts speech necessary compelling need taken together considerations lead conclusion lawful repeat disagreement majority lies fact view government satisfied burden proof particular proved existence serious problem comparative ineffectiveness resolving problem disagreement allocation first amendment burdens proof basic first amendment principle importance amendment scheme government see ante first amendment standards rigorous safeguard speech also permit congress enact law increases costs associated certain speech serves compelling interest served adoption less restrictive similarly effective alternative standards strictest make difficult government prevail make impossible government prevail majority however applied standards without making realistic assessment alternatives thereby threatens leave congress without power help millions parents want expose children commercial pornography remain ill served chosen remedy worse still logic majority comparison holding problem established seem apply whether bleeding totally unscrambled transmission issue public depend solely upon voluntary conduct cable channel operators avert considerably greater harm case law mandate result contrary pointed prior cases recognize protection children issue first amendment poses barrier properly high insurmountable difficult reconcile today decision foundational cases upheld similar laws fcc pacifica foundation ginsberg new york difficult distinguish cases striking laws either applied far broadly narrow regulation adult channels see reno american civil liberties union imposed total ban form adult speech see sable communications fcc bolger youngs drug products less restrictive similarly effective alternative otherwise available see denver area satisfactory answer say justice thomas government remains free prosecute obscenity laws ante obscenity exception permits censorship communication even among adults see miller california must kept narrow lest government improperly interfere communication choices adults freely made rely primarily upon law bans speech adults overlook special need protect children congress taken seriously importance maintaining adult access sexually explicit channels issue tailored restrictions minimize impact upon adults offering parents help keeping unwanted transmissions children finding adequate alternatives none reduces congress protective power vanishing point first amendment demands respectfully dissent footnotes referring unscrambled programming playboy spice channels examples lodged government also lodged videotapes containing signal bleed channels assume unscrambled programming channels obscene scrambled discernible images programs obscene well fact examples signal bleed contained record may fall within definition obscenity easily unscrambled programming difficult dispute signal bleed lacks serious literary artistic political scientific value miller california footnotes congress attempt limit reach therefore contrary contention see ante virtue rather vice justice stevens misapprehends several respects nature test apply first mistakenly believes nature advertising controls obscenity analysis regardless nature material advertised entirely agree advertising bareheaded dancer topless might deceptive make performance obscene ante concurring opinion believe however material patently offensive advertised little reason think proffered socially redeeming value justice stevens second misapprehension flows first sees test apply incompatible jurisprudence see ante concurring opinion see also splawn california stevens dissenting ginzburg survive virginia bd pharmacy virginia citizens consumer council conflict although ginzburg test like obscenity tests ordinarily applied commercial context purveyors obscenity business money logic restricted context test applies equally improbable case collector indecent materials wishes give away takes classified ad local newspaper touting salacious appeal commercial motive ircumstances dissemination relevant determining whether social importance claimed material pretense reality splawn supra quoting jury instruction approved perhaps splawn accept justice stevens claim incompatibility see ante justice thomas see ante concurring opinion find great importance fact case litigated assumption programming issue obscene merely indecent see ibid emphasis deleted noted dallas opinion concurring part dissenting part allowed parties litigating positions place limits upon development obscenity law see miller california abandoning utterly without redeeming social value test sua sponte ginzburg adopting pandering theory unargued government mishkin new york upholding convictions theory obscenity defined looking intent disseminator despite respondent express disavowal theory justice thomas concern factual finding obscenity case see ante concurring opinion challenge issue whether particular course conduct constitutes obscenity facial challenge issue whether terms statute address obscenity factfinder