03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
is freely available, but some allow access only to those who have purchased the
right from a commercial provider. The Web is thus comparable, from the readers'
viewpoint, to both a vast library including millions of readily available and
indexed publications and a sprawling mall offering goods and services.
From the publishers' point of view, it constitutes a vast platform from which to
address and hear from a world wide audience of millions of readers, viewers,
researchers, and buyers. Any person or organization with a computer connected
to the Internet can "publish" information. Publishers include government
agencies, educational institutions, commercial entities, advocacy groups, and
[n.9]
individuals.
Publishers may either make their material available to the entire
pool of Internet users, or confine access to a selected group, such as those
willing to pay for the privilege. "No single organization controls any membership
in the Web, nor is there any centralized point from which individual Web sites or
services can be blocked from the Web."
[n.10]
Sexually Explicit Material
Sexually explicit material on the Internet includes text, pictures, and chat and
[n.11]
"extends from the modestly titillating to the hardest core."
These files are
created, named, and posted in the same manner as material that is not sexually
explicit, and may be accessed either deliberately or unintentionally during the
course of an imprecise search. "Once a provider posts its content on the Internet,
it cannot prevent that content from entering any community."
[n.12]
Thus, for
example,
"when the UCR/California Museum of Photography posts to its Web site nudes by
Edward Weston and Robert Mapplethorpe to announce that its new exhibit will
travel to Baltimore and New York City, those images are available not only in Los
Angeles, Baltimore, and New York City, but also in Cincinnati, Mobile, or Beijing-wherever Internet users live. Similarly, the safer sex instructions that Critical
Path posts to its Web site, written in street language so that the teenage receiver
can understand them, are available not just in Philadelphia, but also in Provo and
[n.13]
Prague."
Some of the communications over the Internet that originate in foreign countries
are also sexually explicit.
[n.14]
Though such material is widely available, users seldom encounter such content
accidentally. "A document's title or a description of the document will usually
appear before the document itself . . . and in many cases the user will receive
detailed information about a site's content before he or she need take the step to
access the document. Almost all sexually explicit images are preceded by
[n.15]
warnings as to the content."
For that reason, the "odds are slim" that a
[n.16]
user would enter a sexually explicit site by accident.
Unlike communications
received by radio or television, "the receipt of information on the Internet
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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