UNITED STATES v. PLAYBOY ENTERTAINMENT GROUP, INC.

No. 98-1682.

529 U.S. 803 (2000)

UNITED STATES et al. v. PLAYBOY ENTERTAINMENT GROUP, INC.

United States Supreme Court.

Decided May 22, 2000.


Attorney(s) appearing for the Case

James A. Feldman argued the cause for appellants. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Schultz, Deputy Solicitor General Kneedler, Jacob M. Lewis, Edward Himmelfarb, and Christopher J. Wright.

Robert Corn-Revere argued the cause for appellees. With him on the brief were Jean S. Moore and Burton Joseph.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., p. 828, and Thomas, J., p. 829, filed concurring opinions. Scalia, J., filed a dissenting opinion, p. 831. Breyer, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Scalia, JJ., joined, p. 835.


Justice Kennedy, delivered the opinion of the Court.

This case presents a challenge to § 505 of the Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 136, 47 U. S. C. § 561 (1994 ed., Supp. III). Section 505 requires cable television operators who provide channels "primarily dedicated to sexually-oriented programming" either to "fully scramble or otherwise fully block" those channels or to limit their transmission to hours when children are unlikely...

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