Scrambling The Telephone: The FCC's Dial-A-Porn Regulation

The advent of "dial-it" services, which in some cases provide lewd or pornographic material, has resulted in regulations specifically geared to the nature of the telephone. Traditional restrictions on speech centered around a finding that the material was obscene. In the case of Ginsberg versus New York, the Supreme Court held that children were entitled to special protection from pornography, and in the case of FCC versus Pacifica Foundation, the court recognized special protection for captive audiences. Section 223 of the Communications Act makes it illegal to communicate obscene material to any person under the age of 18, and Federal Communications Commission (FCC) regulations permit dial-a-porn if the messages are scrambled or access can be obtained through the use of a personal access identification code. Successful challenges to these restrictions will depend upon narrow construction by the court. At the present time, the Supreme Court has refused to hear challenges.