United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 8 (2000)

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810

UNITED STATES v. PLAYBOY ENTERTAINMENT GROUP, INC.

Opinion of the Court

scramble or otherwise fully block" any channel the subscriber does not wish to receive. 110 Stat. 136, 47 U. S. C. � 560 (1994 ed., Supp. III). As long as subscribers knew about this opportunity, the court reasoned, � 504 would provide as much protection against unwanted programming as would � 505. 30 F. Supp. 2d, at 718-720. At the same time, � 504 was content neutral and would be less restrictive of Playboy's First Amendment rights. Ibid.

The court described what "adequate notice" would include, suggesting

"[operators] should communicate to their subscribers the information that certain channels broadcast sexually-oriented programming; that signal bleed . . . may appear; that children may view signal bleed without their parents' knowledge or permission; that channel blocking devices . . . are available free of charge . . . ; and that a request for a free device . . . can be made by a telephone call to the [operator]." Id., at 719.

The means of providing this notice could include

"inserts in monthly billing statements, barker channels (preview channels of programming coming up on PayPer-View), and on-air advertisement on channels other than the one broadcasting the sexually explicit programming." Ibid.

The court added that this notice could be "conveyed on a regular basis, at reasonable intervals," and could include notice of changes in channel alignments. Ibid.

The District Court concluded that � 504 so supplemented would be an effective, less restrictive alternative to � 505, and consequently declared � 505 unconstitutional and enjoined its enforcement. Id., at 719-720. The court also required Playboy to insist on these notice provisions in its contracts with cable operators. Ibid.

The United States filed a direct appeal in this Court pursuant to � 561. The District Court thereafter dismissed for

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