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Denver Area Educ. Telecommunications Consortium v. FCC (docket #: 95-124) (1996)  [Findlaw]

Argument Date 02/21/1996
Decided 6-28-1996
Supreme Court Vote 7-2, 6-3, 5-4
Supreme Court Ruling First Amendment claims sustained in part & denied in part.
IssueWhether the government may constitutionally (1) permit cable operators to refuse to carry indecent material on leased local access channels, (2) require cable operators that choose to carry indecent local access programming to place such programming on a separate channel and to block the channel until the subscriber requests unblocking, and (3) permit cable operators to refuse to carry indecent programming on local public, educational, and governmental channels.
Case Summary & Additional Resources
Majority Opinion Breyer (delivered the opinion of the Court with respect to Part III)
Dissenting Opinion Kennedy, J. (dissenting as to section 10 (a)) (joined by Ginsberg, J.), & Thomas, J. (dissenting as to section 10 (b)) (joined by Rehnquist. & Scalia), & O'Connor & Thomas (dissenting as to section 10 (c)) (joining Thomas' dissent: Rehnquist & Scalia)
Lower Court DC Circuit
Oral Arguments Oral Arguments  [Oyez]
Fiss, Owen, "The Censorship of Television," in Bollinger, Lee & Stone, Geoffrey, ETERNALLY VIGILANT: FREE SPEECH IN A MODERN ERA (2002), pp. 256-283
Zuckerman, Harvey, Corn-Revere, Robert et al, MODERN COMMUNICATIONS LAW (1999), sect. 2.3.2
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