1.   Another provision of the cable act allows cable system operators to prohibit indecent programming from leased access, or fee-based, commercial channels.

2.   Certainly, under our current jurisprudence, Congress could not impose a total ban on the transmission of indecent programming.

3.   Congress quickly responded that year by passing legislation that imposed a round-the-clock ban on indecent programming.

4.   For their part, Thomas, Scalia and Rehnquist said cable operators had a First Amendment right not to be required to carry indecent programming at all.

5.   I do think it necessary, however, to decide what standard applies to discrimination against indecent programming on cable access channels in the present state of the industry.

6.   If the operators choose to permit indecent programming on a leased channel, they must scramble the signal for all subscribers who do not request access in writing.

7.   Indecent programming is material with artistic or educational merit which may include nudity, sexual themes or other content that might offend some viewers.

8.   Indecent programming comprises material that has artistic or educational merit, but may include nudity, sexual themes, or other items that might offend some viewers.

9.   The law says that cable operators must either ban indecent programming from public access channels or scramble the signal and require subscribers to affirmatively ask for it.

10.   The part of the law requiring operators to choose between banning indecent programming on leased channels or scrambling the signal does entail government action, Wallace conceded.