Sable Communications of California v. FCC

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Oral Argument

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Advocates

Richard G. Taranto (Argued the cause for appellees in No. 88-515 and for appellants in No. 88-525)

Laurence H. Tribe (Argued the cause for appellant in No. 88-515 and for appellee in No. 88-525)

Case Basics

Docket No.:

88-515

Appellee:

FCC

Appellant:

Sable Communications of California

Consolidation:

No. 88-525

Decided By:

Rehnquist Court (1988-1990)

Opinion:

492 U.S. 115 (1989)

Argued:

Wednesday, April 19, 1989

Decided:

Friday, June 23, 1989

Issues:

First Amendment, Obscenity, Federal

Cite this page

The Oyez Project, Sable Communications of California v. FCC , 492 U.S. 115 (1989)
available at: (http://oyez.org/cases/1980-1989/1988/1988_88_515)

Facts of the Case:

In 1988, Congress amended the Communications Act of 1934 to ban indecent and obscene interstate commercial phone messages. Sable Communications had been in the dial-a-porn business since 1983. A judge in District Court upheld the ban on obscene messages, but enjoined the Act's enforcement against indecent ones.

Question:

Did the amended Communications Act violate the First and Fourteenth Amendments?

Conclusion:

The Court upheld the District Court's ruling. Since the First Amendment does not protect obscene speech, as the Court found in Paris Adult Theater I v. Slaton (1973), the ban on obscene speech was legitimate. However, sexual expression that is simply indecent is protected. Thus, banning adult access to indecent messages "far exceeds that which is necessary" to shield minors from dial-a-porn services.

Decisions

Decision: 6 votes for FCC, 3 vote(s) against
Legal provision: 47 U.S.C. 223

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