Block the Insanity! Leveraging Municipal Cable Franchising Powers to Battle Childhood Obesity

I propose a new tactic states and municipalities can use to combat childhood obesity. Advertising targeting young children is pervasive and fiendishly effective at encouraging children to consume unhealthy foods. State and local governments have authority under federal law to exact concessions from cable providers hoping to service their communities. This authority is underutilized. These governments can and should, as part of the franchising process, require cable providers to grant parents the means to screen out television advertising targeting their young children, in much the same way that parents can now screen out other inappropriate programming. Action of this kind would reduce children's exposure to advertising and, by extension, children's demand for unhealthy foods.

My presentation will first explain briefly the contribution of advertising targeting children to the childhood obesity epidemic and the necessity of government intervention. Then, I will explain the cable franchising process and set forth the proposal, suggesting technological and administrative logistics by which state and local governments can implement and enforce it. Finally, I will address arguments opponents of the proposed measure would likely make, including First Amendment and federal preemption arguments.