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The Communications Decency Act banned obscene material and criminalized the transmission of indecent speech or images to anyone under the age of 18.

Answer :

Final answer:

The Communications Decency Act was passed to protect minors from indecent material online but was declared unconstitutional in Reno v. ACLU due to issues with content neutrality, vagueness, and being overly restrictive. Unlike broadcast services, cable and satellite services have fewer restrictions on indecency. Indecent broadcasts are limited by FCC to late-night hours only, whereas obscene material cannot be broadcast at any time.

Explanation:

The Communications Decency Act of 1995 aimed to protect minors from indecent material on the internet, criminalizing the transmission of such content to anyone under 18. However, in Reno v. ACLU, the Supreme Court found the Act to be unconstitutional for several reasons, including that it was not content-neutral, it was overly vague, and it was not the least restrictive means of achieving the intended purpose. Instead of imposing criminal penalties, the government could have pursued alternatives, such as promoting a web site rating system or endorsing the use of filtering software.

Although content restrictions apply to traditional broadcast services, the same standards are not uniformly applied to cable or satellite services because they're subscription-based. There's also a greater expectation of control by viewers over the content that enters their homes via these services. This is contrasted with the open access of broadcast content, which necessitates stricter decency standards.

Specific time restrictions are in place for indecent speech on broadcast radio and television. The FCC prohibits indecent material between 6 a.m. and 10 p.m., catering to the likelihood of children being in the audience. Obscene material, by contrast, receives no First Amendment protection and cannot be broadcast at any time according to federal law.

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