03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
31 390 U. S., at 639. We quoted from Prince v. Massachusetts, 321 U.S. 158,
166 (1944): "It is cardinal with us that the custody, care and nurture of the child
reside first in the parents, whose primary function and freedom include
preparation for obligations the state can neither supply nor hinder."
32 Given the likelihood that many E mail transmissions from an adult to a minor
are conversations between family members, it is therefore incorrect for the
dissent to suggest that the provisions of the CDA, even in this narrow area, "are
no different from the law we sustained in Ginsberg." Post, at 8.
33 Cf. Pacifica Foundation v. FCC, 556 F. 2d 9, 36 (CADC 1977) (Levanthal, J.,
dissenting), rev'd, FCC v. Pacifica Foundation, 438 U.S. 726 (1978). When
Pacifica was decided, given that radio stations were allowed to operate only
pursuant to federal license, and that Congress had enacted legislation prohibiting
licensees from broadcasting indecent speech, there was a risk that members of
the radio audience might infer some sort of official or societal approval of
whatever was heard over the radio, see 556 F. 2d, at 37, n. 18. No such risk
attends messages received through the Internet, which is not supervised by any
federal agency.
34 Juris. Statement 3 (citing 929 F. Supp., at 831 (finding 3)).
35 "Indecent" does not benefit from any textual embellishment at all. "Patently
offensive" is qualified only to the extent that it involves "sexual or excretory
activities or organs" taken "in context" and "measured by contemporary
community standards."
36 See Gozlon Peretz v. United States, 498 U.S. 395, 404 (1991) ("Where
Congress includes particular language in one section of a statute but omits it in
another section of the same Act, it is generally presumed that Congress acts
intentionally and purposely in the disparate inclusion and exclusion") (internal
quotation marks omitted).
37 The statute does not indicate whether the "patently offensive" and "indecent"
determinations should be made with respect to minors or the population as a
whole. The Government asserts that the appropriate standard is "what is suitable
material for minors." Reply Brief for Appellants 18, n. 13 (citing Ginsberg v. New
York, 390 U.S. 629, 633 (1968)). But the Conferees expressly rejected
amendments that would have imposed such a "harmful to minors" standard. See
S. Conf. Rep. No. 104-230, p. 189 (1996) (S. Conf. Rep.), 142 Cong. Rec.
H1145, H1165-1166 (Feb. 1, 1996). The Conferees also rejected amendments
that would have limited the proscribed materials to those lacking redeeming
value. See S. Conf. Rep., at 189, 142 Cong. Rec. H1165-1166 (Feb. 1, 1996).
38 Even though the word "trunk," standing alone, might refer to luggage, a
swimming suit, the base of a tree, or the long nose of an animal, its meaning is
clear when it is one prong of a three part description of a species of gray
https://www.law.cornell.edu/supct/html/96-511.ZO.html
25/29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents