Brief Fact Summary. The Petitioner, Sable Communications of California (Petitioner), implemented “dial-a-porn” as a business and was charged with violating a federal statute prohibiting obscene telephone messages.
Synopsis of Rule of Law. Sexual expression that is indecent, but not obscene is protected by the First Amendment of the United States Constitution (Constitution).
Issue. Is it constitutional for the Respondent, the Federal Communications Commission (Respondent), to ban indecent and obscene interstate commercial telephone messages?
Held. It is constitutional to ban obscene telephone communications, but this regulation is not narrowly construed.
The Government may regulate the content of constitutionally protected speech in order to promote a compelling interest if it chooses the least restrictive means to further the articulated interest.View Full Point of Law