ABSTRACT
New technologies have historically posed a challenge to the broadcast indecency regulation argument. As cable diffused into the national marketplace during the late 1970s and 1980s, the expansion in the number of channels offered diversity of media content and even public access channels for those wanting a media voice. Cable channels were not regulated in the same manner as broadcast channels, and this eventually led to a fundamental problem: indecency that would not be allowed by the FCC over the broadcast airwaves was acceptable on cable channels. Eventually, by the late 1990s, programs such as Howard Stern’s edited television version of his radio show could be seen. Over time, viewers made less and less distinction between the broadcast channels and cable channels positioned on their local system. Additional new technologies, such as satellite broadcasting and Internet broadcasting, neither of which restricted indecency, raised additional questions about the need to treat terrestrial broadcasters differently.
