Final answer:
The effort to regulate TV content in the U.S. has been complicated by inconsistent enforcement of indecency regulations by the FCC, technological advancements that make regulation more difficult, and the variance in regulation between broadcast and cable/satellite services.
Step-by-step explanation:
In the United States, a complex interplay of legal, technological, and societal factors has hampered efforts to regulate TV content. The Federal Communications Commission (FCC) is endowed with the authority to oversee broadcast standards, including what is deemed indecent or obscene, although the Supreme Court has not provided a definitive description of obscenity, instead referencing a test from Miller v. California (1973). The test suggests that material may be considered obscene if it appeals to prurient interests, is patently offensive by community standards, and lacks serious literary, artistic, political, or scientific value.
The enforcement of indecency regulations, however, varies. For instance, while network television has seen instances like the unedited broadcast of Schindler's List without subsequent punishment, highly publicized events such as the 2004 Super Bowl 'wardrobe malfunction' resulted in a hefty fine for CBS — a fine which was ultimately not enforced. This inconsistency in regulation highlights the challenges in maintaining a uniform standard across various broadcasts.
Notably, cable and satellite services are largely exempt from these indecency restrictions, as they are subscription-based and presumed to give viewers greater control over their content choices. In contrast, radio and television broadcasts are more accessible to the general public, hence why certain standards apply specifically to times when children might be watching.
Technological advancements complicate the picture further. While the FCC's regulations govern over-the-air broadcasts, similar attempts to regulate indecent content on the Internet have been found unconstitutional, pointing to a digital landscape that is fundamentally harder to control. Yet, efforts persist with legislation like the Children's Internet Protection Act, which requires filtering of obscene material at publicly funded schools and libraries.