SABLE v. FCC, No. 88-515, 1989

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Contents

Sable Communications of Cal, Inc. v. FCC

  • Appeal from the US District Court for the Central District of CA
  • No. 88-515
  • June 23, 1989

Who wrote it?

  • Justice White

Facts

  • Sable sells pre-recorded porn messages
  • Comm Act of 1934 was amended based on several years of FCC regulation

Legally important facts

  • Sable argues that it is in a "double bind" and that the amendment means they are held to a "national" community standard
    • Least tolerant community will blanket all

Prior procedural posture

  • District Court concluded that govt has a legit interest in protecting kids from dial-a-porn
    • But 223(b) was not sufficiently narrowly tailored

Issue to be decided

  • Constitutionality of 223(b) of the Communications Act of 1934
  • Imposes an outright ban on indecent as well as obscene interstate commercial phone msgs (since 1988 amendment)

Law that applies

Court's holding

  • Prohibition on on obscene dial-a-porn is constitutional
    • Sable can tailor its messages according to the communities it serves
  • But prohibition on indecent dial-a-porn is a violation

Dissent/joining opinion

Retrieved from "http://www.kevindriscoll.org/wiki/SABLE_v._FCC,_No._88-515,_1989"
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