In 1978 the Supreme Court upheld a Federal ban on the daytime broadcast of indecent speech over the radio.

She said that recent court decisions "suggest that the courts would not uphold an outright ban on the broadcast of indecent speech."

And then there is this category of speech that's not out of the ball park but that is subject to regulation, indecent speech.

He said the bill, which is aimed at limiting access to indecent speech, invited subjective interpretations of indecency.

Thus, the only way for a speaker to avoid liability under the C.D.A. is to refrain completely from using indecent speech.

The court said the commission could ban indecent speech only during daytime hours.

Free speech advocates, however, worked diligently and successfully to overturn the portion relating to indecent, but not obscene, speech.

Sexually explicit communication of the kind the law designates as "indecent" speech is constitutionally protected when it takes place between adults.

"Parents today, using these software controls, can effectively prevent their children from having access to any indecent speech," he said.

The court held that restricting indecent speech is justified "when there is a reasonable risk that children may be in the audience."