Regarding regulation of content on the internet...Congress attempted to do this with the Communications Decency Act of 1996, part of the Telecommunications Act of 1996. I believe the Justice Department was given the authority to enforce this. The Supreme Court affirmed a lower court ruling which held that the CDA was unconstitutional because it violated the First Amendment's guarantee of free speech. (Reno vs. ACLU)

Congress tried again with the Child Online Protection Act of 1998. An injuction prohibiting enforcement was issued and the Supreme Court earlier this year ruled the injunction against enforcement was valid because there was sufficient evidence that COPA violates the First Amendment. (Ashcroft vs. ACLU)

One act of Congress was declared unconstitutional, another is enjoined from enforcement. The internet remains the wild, wild west of information and content.

Regarding the regulation of content on cable television...while the FCC has been able to impose certain regulations on the cable industry, they have been reluctant to impose obcenity/indecency standards on cable content. Initially, the Communications Act of 1934 recognized that the airwaves belong to the public, and there was a public interest in "lending" the airwaves (via the licensing process) to a select group in order to serve the public interest. Congress, the FCC, and the courts have repeatedly cited that over-the-air-television and radio broadcasts are pervasive, like an uninvited guest, that can be received by anyone anytime. Consequently, there is a public interest in regulating its use and screening the content for obscenity and indecency. That's not true for cable and satellite broadcasts. Those are privately built systems which subscribers have consciously invited into their homes. You can't escape radio or TV...it's everywhere according to Congress and the courts. Conversely, you CAN escape cable and satellite...you unsubscribe.

The Broadcast Decency Enforcement Act of 2004, the one that increased the fines for indecent content, originally had an amendment that would have given the FCC authority to regulate content on cable for obscenity and indecency. That amendment was rejected by the Senate Commerce Committee by ONE vote. The amendment would have given authority to the FCC to regulate content on basic cable (like ESPN and MTV) but NOT on the premium channels and movie channels like HBO and Showtime!

For now, it's anything goes on cable and satellite.

This same Act also has a "safe harbor" provision restricting violent content on over-the-air television to the hours of 10pm - 6am. There is a specific exemption for violent content imperative to the truthful depiction of history. Presumably airing Saving Private Ryan and its graphic, violent content in prime time would fall under this exemption. Or maybe not...

Them's the facts...feel free to try and form a fair policy that preserves free speech while limiting or restricting access of indecent or obscene content by minors.

One powerful Act still remains. That's the simple act of turning it off if you don't like what you see/hear.

Google for the relevant legal cites if you're so inclined...I got you started with the name of the cases or appropriate law. Real lawyers with expertise in regulatory law are welcome to file your briefs in this discussion!

tony b.