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The City Council of Virtue, Concerned with the Proliferation of Sexual

Question 33

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The city council of Virtue, concerned with the proliferation of sexual material on cable, prohibits the cablecasting of "indecent" programming at any time. The ordinance defines indecency as the "patently offensive depiction or description of sexual or excretory activities and organs." Further, the ordinance specifies that the city council, in response to citizen complaints, will assess whether particular programs are indecent. Is this ordinance constitutional? In your answer, discuss the ordinance's complete ban on cable indecency, the definition of indecency, and whether it is permissible for a city council to determine whether cable programs are unprotected speech.

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