[net.misc] Cable TV and the First Amendment

haas (09/22/82)

In the last few months several cities in Utah have decided that they
want to censor the programming on cable TV networks.  It seems that
the city fathers are concerned that the cable TV companies might
show R (yes R, not X) rated movies, which might not be suitable for
small children.  Since these concerned citizens think that certain
individuals might buy the cable and then not stop their children from
watching these hypothetical movies, laws have been enacted to protect
the children by banning from the cable any programming which the
city council considers "indecent".  Of course the cable TV companies
are claiming the protection of the First Amendment, as I think they
rightfully should.  After all you don't get cable TV in your home
unless you order and pay for it.

Now a new wrinkle has appeared.  The city of Bluffdale, Utah has decided
that the cable TV companies will probably win their constitutional case
(and I expect that they are correct) so Bluffdale has decided to ban
the cable entirely, on the grounds that the city won't be able to control
the programming!  This is an interesting turn on the traditional issue
of technology and society.  The nearest thing I can think of that is
already in effect is the Soviet practice of controlling all the printing
and reproducing equipment in the USSR on the grounds that you might
want to xerox something blasphemous to Marxism.

So the question is now, does the US Constitution protect your right to
the @i[technology] that makes freedom of speech possible?  Or can a
local government preempt access to that technology?

-- Walt Haas

ARPAnet: HAAS@UTAH-20
uucp:    harpo!utah-cs!haas

ech (09/27/82)

#R:utah-cs:-100000:whuxlb:7400005:000:80
whuxlb!ech    Sep 27 13:15:00 1982

Please, Walt, don't be afraid to sign your name.  You, Marsh Gosnell, and others

haas (09/28/82)

It's true that cable TV seems to be treated as a natural monopoly in
most markets, although I'm not sure that it should be.  However, so what?
The Post Office is about as natural a monopoly, but nevertheless each
individual is able to control what the Post Office brings into his/her
home.  If I want to read Playboy and my neighbor doesn't or vice versa,
each of us can have what s/he wants.  One reason I raised this issue here
is because it seems to me it would be possible to build the same privacy
protections into the technology.  For example, by choosing to subscribe
to a certain established magazine or not I can pretty well predict what
range of things I'm going to get - eg. I can subscribe to Scientific
American with little fear that the next issue will contain a centerfold
of a naked female, and I can subscribe to Playboy with little fear that
it *WON'T*.  So, why not build the cable TV technology with different
enciphered channels with cipher assigned according to content - cipher
A for G movies, cipher B for PG movies,...,cipher D for X movies.  Then
you would have your house drop wired by the cable company to bring in
only those ratings that you want, just as you subscribe to magazines that
contain only that type of material you want.  It seems to me that this
would answer any legitimate complaints about what the children would see.

Incidentally, the Salt Lake valley is already served by a "cableless" TV
network called Channel One, which broadcasts a microwave signal to the
whole valley (yea, even unto Bluffdale, heaven forfend!).  You are
supposed to rent a microwave receiver/converter to pick up the signal -
however some of the more enterprising and/or dishonest folks around have,
of course, flanged up the appropriate hardware and are now watching for
free.  Channel One isn't enciphered yet, but supposedly it will be in
the near future (or they'll lose their market!)

-- Walt Haas