United States v. Playboy Entertainment Group
Encyclopedia
United States v. Playboy Entertainment Group, 529 U.S. 803
(2000), is a case in which the United States Supreme Court
struck down a portion of the Communications Decency Act
(CDA) which required that cable television
operators who offered channels "primarily dedicated to sexually-oriented programming" must scramble completely or fully block such material.
In the 5-4 opinion delivered by Justice Anthony M. Kennedy, the court held that the content-based restriction on speech—specifically section 505 of the CDA—violated the First Amendment
because the government could have furthered its interests in less restrictive ways. Kennedy's opinion stated, "[i]f a statute regulates speech based on its content, it must be narrowly tailored to promote a compelling Government interest. If a less restrictive alternative would serve the Government's purpose, the legislature must use that alternative." Justices Stevens
, Souter
, Thomas
, and Ginsburg
joined with Kennedy in the majority. Stevens and Thomas filed concurring opinions.
Justice Stephen G. Breyer wrote a dissent
in the case, arguing that the majority of the court had not made a "realistic assessment of the alternatives." Breyer was joined in his dissent by Justices Rehnquist
, O'Connor
, and Scalia
.
A number of sexologists wrote an amicus brief. Among them were Elizabeth Rice Allgeier,
Vern L. Bullough, Milton Diamond
, Harold I. Lief, John Money
, and Ira L. Reiss.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2000), is a case in which the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
struck down a portion of the Communications Decency Act
Communications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
(CDA) which required that cable television
Cable television
Cable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...
operators who offered channels "primarily dedicated to sexually-oriented programming" must scramble completely or fully block such material.
In the 5-4 opinion delivered by Justice Anthony M. Kennedy, the court held that the content-based restriction on speech—specifically section 505 of the CDA—violated the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
because the government could have furthered its interests in less restrictive ways. Kennedy's opinion stated, "[i]f a statute regulates speech based on its content, it must be narrowly tailored to promote a compelling Government interest. If a less restrictive alternative would serve the Government's purpose, the legislature must use that alternative." Justices Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
, and Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
joined with Kennedy in the majority. Stevens and Thomas filed concurring opinions.
Justice Stephen G. Breyer wrote a dissent
Dissent
Dissent is a sentiment or philosophy of non-agreement or opposition to a prevailing idea or an entity...
in the case, arguing that the majority of the court had not made a "realistic assessment of the alternatives." Breyer was joined in his dissent by Justices Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, and Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
.
A number of sexologists wrote an amicus brief. Among them were Elizabeth Rice Allgeier,
Vern L. Bullough, Milton Diamond
Milton Diamond
Milton Diamond is a retired professor of anatomy and reproductive biology at the University of Hawai'i at Mānoa. He has had a very long and productive career in the study of human sexuality...
, Harold I. Lief, John Money
John Money
John William Money was a psychologist, sexologist and author, specializing in research into sexual identity and biology of gender...
, and Ira L. Reiss.
See also
- List of United States Supreme Court cases, volume 529
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume