Significant New First Amendment Case Decided Today By Supreme Court

Attorney David Wasserman reports: The United States Supreme Court announced its decision this [Monday] morning in the case of United States, et. al. v. Playboy Entertainment Group finding restrictions on cable channels "primarily dedicated to sexually-oriented programming" either to "fully scramble or otherwise fully block" or limit the hours of operation for adult programming to when children would not be watching unconstitutional. nn"This decision bodes well for adult online businesses because the Court refused to uphold Section 505 of the Telecomunications Act without empirical evidence that signal bleeding was a real problem or just propaganda from the religious right" according to First Amendment Attorney David Wasserman of Wasserman & Walters based in Winter Park, Florida. "This is the very same argument the religious right organizations are making in calling for a crackdown on the net without any evidence that alternatives such as blocking software aren't effective" according to Wasserman. Significanly, the Court afforded considerable First Amendment protection to the Playboy channel and employed a least restrictive means test putting the burden on the government and subjecting the restrictions to strict scrutiny. nnQuestions regarding the impact of this decision on adult webmasters can be directed to [email protected].