Constitutional and policy implications of electronic media regulations based on blocking mechanisms controlled by end-users

The constitutionality of regulations relying on blocking mechanisms has been researched considerably. Special attention has been given to regulations that mandate media speakers to block sexually explicit content from general audiences. After the 1997 Supreme Court's decision in Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), a large number of legal articles have focused on the use of filters as a regulatory alternative for the Internet. The number of law articles has increased, as policy-makers continue to study the alternatives provided by technology. However, these studies have treated regulations based on blocking mechanisms as isolated efforts, and not as a regulatory approach.; The purpose of this research was to study regulations targeting different electronic media based on blocking mechanisms reliant on technology controlled by end users. Three blocking mechanisms included in regulatory outputs, which are currently available for electronic media users, were selected for this study. The mechanisms are channel-blocking devices (like the lockbox for cable television), V-chip technology for broadcast and cable television, and Internet content filters. Each mechanism was studied here to understand its technology, the controversy that led to adoption of regulations based on the mechanism, and the policy-making efforts of key players in the adoption of the regulatory output. Special attention was given to the effectiveness of each mechanism, as determined by media consumption studies and other research.; A constitutional analysis was conducted to determine if regulations relying on these mechanisms are the least restrictive alternative for regulating access of minors to objectionable materials in the electronic media. The study considered the positions taken by the courts---with a particular emphasis on the Supreme Court---in cases dealing with blocking mechanisms. An analysis of the voting patterns of current Supreme Court justices was also included.; A policy-making analysis of the enactment of the provisions was also included to determine the similarities and differences of each regulation relying on blocking mechanisms controlled by the end user. The analysis suggests the existence of a new regulatory paradigm for controlling access of minors to objectionable content in the electronic media based on blocking mechanisms. This regulatory approach shifts the focus of regulation from the sender of the information to a new paradigm, where senders and receivers of information share legal obligations. Finally, the study suggests that regulations based on blocking mechanisms might be more effective for controlling access of minors to objectionable materials in the new electronic media environment with its multi-media capabilities---messages delivered across media platforms---and the increasing availability of content from abroad promoted by the convergence of traditional electronic media with the Internet.