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Playboy decision could protect ads; Ruling puts pressure on government to prove need for speech curbs.

Crain's New York Business, May, 2000 by Teinowitz, Ira

The Supreme Court's decision overturning a curb on the Playboy TV Network could have a significant impact on other attempts by the government to regulate content and advertising on TV and the Internet. First Amendment and advertising lawyers said last week's 5-4 decision in favor of Playboy Entertainment Group could make it more difficult for Congress to impose limits on "violent" programming and could also affect advertising law, forcing the government to go further to prove its curbs could not be more narrowly drawn.

"It reaffirms that the mere indication that children can be affected does not mean laws don't have to withstand First Amendment scrutiny," said Dan Troy, a Washington attorney who has handled a number of First Amendment cases. The high...

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