From: "Barry Forbes" Organization: Alliance for Community Media Date: Fri, 28 Jun 1996 12:09:52 +0000 Subject: ALLIANCE DECLARES VICTORY: SUPREME COURT STRIKES CENSORSHIP LAW FOR IMMEDIATE RELEASE June 28, 1996 SUPREME COURT STRIKES DOWN PUBLIC ACCESS CENSORSHIP LAW; ALLIANCE FOR COMMUNITY MEDIA DECLARES VICTORY Washington, D.C. -- The U.S. Supreme Court today struck down a 1992 law authorizing cable company censorship of some types of constitutionally-protected speech on public, educational, and governmental (PEG) access channels on cable television. The case, Alliance for Community Media et al. v. Federal Communications Commission (FCC), decided under the name Denver Area Educational Television Consortium v. Federal Communications Commission, involves the named petitioners, along with co-petitioners Alliance for Communications Democracy, the American Civil Liberties Union and People for the American Way. "We are thrilled that the Supreme Court agrees that people have the basic human right to speak for themselves," said Alan Bushong, Chair of the Alliance for Community Media. "The idea that people in a democracy have to ask permission to speak is outrageous." Barry Forbes, Executive Director of the Alliance, stated, "We are delighted that the Supreme Court has struck down a statute that was clearly unconstitutional from the very beginning. The federal government attempted to use cable operators as 'cover' in order to censor speech protected by the First Amendment. The government should not be permitted to do that without using the least restrictive means. Allowing cable operators to use their discretion to decide what they will and will not allow on PEG access channels is definitely not the least restrictive means to achieve the state's purpose. Had the PEG provision of the statute been upheld, I am certain we would have seen censorship applied, not only to indecent speech as defined by the FCC, but any speech which the cable operator didn't like. Fortunately, we no longer have to face that situation. " The Supreme Court reviewed section 10 of the 1992 Cable Act, a provision that stemmed from a last-minute Senate floor amendment. Section 10(c), which was struck down by a plurality of the Court, would have enabled the operator of a cable television system to prohibit programming on public, educational or governmental access cable channels (commonly referred to as "PEG access") based on content. Affected programming could have included programs on breast cancer self-examination, AIDS/HIV prevention, abortion, childbirth, art censorship, and civil disobedience. The 1992 statute allowed a cable operator to suppress programming which contains so-called "indecent" material, or material soliciting or promoting unlawful conduct. Also struck down were 1993 FCC regulations implementing the statute. The Court also struck down Section 10(b) of the 1992 Act, which required cable operators to segregate and scramble any indecent programming that appeared on cable "leased access" channels. Writing for the plurality, Justice Breyer stated, "Unlike [the leased access provision], Section 10(c) does not restore to cable operators editorial rights that they once had, and the countervailing First Amendment interest [of cable operators] is nonexistent, or at least much diminished." Justice Kennedy, in a concurring opinion, stated, "Sections 10(a) and (c) present a classic case of discrimination against speech based on its content. There are legitimate reasons why the Government might wish to regulate or even restrict the speech at issue here, but Sections 10(a) and 10(c) are not drawn to address those reasons with the precision the First Amendment requires." Forbes stated, "This case has enormous implications, not only for the content of television programming, but for freedom of expression and the right of privacy on any electronic medium which the federal government attempts to regulate. An adverse decision would have expanded the rights of the government to decide what people can say and what viewers can see over the cable medium." Lead counsel I. Michael Greenberger, of the law firm of Shea & Gardner, provided pro bono representation for the Alliance petitioners before the FCC, in both phases of the D.C. Circuit proceedings, and before the Supreme Court. Legal assistance was also provided by staff attorneys at People for the American Way and the Media Access Project. Both Greenberger and FCC Cable Services Bureau Chief Meredith Jones will be keynote speakers at the Alliance's annual conference on July 17 to 20 at the Hyatt Regency Crystal City, in the Washington DC area. The Alliance for Community Media is a national, non-profit membership organization committed to assuring everyone's access to electronic media. The Alliance accomplishes this by disseminating public information, advancing a positive legislative and regulatory environment, building coalitions, and supporting local organizing. Founded in 1976, the Alliance represents the interests of over 950 public, educational and governmental ("PEG") access organizations and local origination cable services throughout the country. The Alliance also represents the interests of local religious, community, charitable and other organizations throughout the country who utilize PEG access channels and facilities to speak to their memberships and their larger communities. -- 30 -- _________________________________________________ Alliance for Community Media 666 11th Street, NW, Suite 806, Washington, DC 20001-4542 Voice: (202) 393-2650 Fax: (202) 393-2653 "Ensuring everyone's access to electronic media since 1976." Barry Forbes, Executive Director "Do what's right. Do it right. Do it right now." _________________________________________________