ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, March 3, 1992                   TAG: 9203030062
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-8   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium


COURT OVERTURNS BROADCAST BAN ON INDECENCY

The government's bid to banish "indecency" from the airwaves 24 hours a day was derailed in the Supreme Court on Monday.

The justices left intact a ruling that such an around-the-clock ban violates freedom of expression.

The Bush administration and advocacy groups had asked the court to revive the ban to protect children as well as the privacy of all listeners and viewers.

Indecent material is legally defined as describing "sexual or excretory activities or organs" in terms "patently offensive as measured by contemporary community standards for the broadcast medium."

Legally obscene material has no constitutional protection, but material that is merely indecent does.

In other action, the court:

Agreed to decide whether a Montana man convicted of fondling a child may be forced to attend a therapy program for sex offenders. The court will review a ruling that requiring such treatment would force a defendant to admit guilt in violation of his right against self-incrimination.

Heard arguments in a contest between property rights and the government's power to protect the public. The issue, awaiting resolution by July in a South Carolina case involving beachfront development, is whether "just compensation" always must be paid when private land is rendered useless by public policy.

Agreed to decide whether the government improperly confines some immigrant children who can't be released to relatives pending deportation proceedings.

Agreed to decide in a New Jersey case whether the government may seize property paid for with drug-trafficking profits after the property is given to an innocent person.

Refused to kill a lawsuit against New Jersey officials stemming from a 13-year-old battle to force Princeton University eating clubs to admit women members.



 by CNB