03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
"(B) has restricted access to such communication by requiring use of a verified
credit card, debit account, adult access code, or adult personal identification
number."
27 American Civil Liberties Union; Human Rights Watch; Electronic Privacy
Information Center; Electronic Frontier Foundation; Journalism Education
Association; Computer Professionals for Social Responsibility; National Writers
Union; Clarinet Communications Corp.; Institute for Global Communications;
Stop Prisoner Rape; AIDS Education Global Information System; Bibliobytes;
Queer Resources Directory; Critical Path AIDS Project, Inc.; Wildcat Press, Inc.;
Declan McCullagh dba Justice on Campus; Brock Meeks dba Cyberwire Dispatch;
John Troyer dba The Safer Sex Page; Jonathan Wallace dba The Ethical
Spectacle; and Planned Parenthood Federation of America, Inc.
28 American Library Association; America Online, Inc.; American Booksellers
Association, Inc.; American Booksellers Foundation for Free Expression;
American Society of Newspaper Editors; Apple Computer, Inc.; Association of
American Publishers, Inc.; Association of Publishers, Editors and Writers; Citizens
Internet Empowerment Coalition; Commercial Internet Exchange Association;
CompuServe Incorporated; Families Against Internet Censorship; Freedom to
Read Foundation, Inc.; Health Sciences Libraries Consortium; Hotwired Ventures
LLC; Interactive Digital Software Association; Interactive Services Association;
Magazine Publishers of America; Microsoft Corporation; The Microsoft Network, L.
L. C.; National Press Photographers Association; Netcom On Line Communication
Services, Inc.; Newspaper Association of America; Opnet, Inc.; Prodigy Services
Company; Society of Professional Journalists; Wired Ventures, Ltd.
29 110 Stat. 142-143, note following 47 U. S. C. A. §223 (Supp.1997).
30 See also 929 F. Supp., at 877: "Four related characteristics of Internet
communication have a transcendent importance to our shared holding that the
CDA is unconstitutional on its face. We explain these characteristics in our
Findings of fact above, and I only rehearse them briefly here. First, the Internet
presents very low barriers to entry. Second, these barriers to entry are identical
for both speakers and listeners. Third, as a result of these low barriers,
astoundingly diverse content is available on the Internet. Fourth, the Internet
provides significant access to all who wish to speak in the medium, and even
creates a relative parity among speakers." According to Judge Dalzell, these
characteristics and the rest of the District Court's findings "lead to the conclusion
that Congress may not regulate indecency on the Internet at all." Ibid. Because
appellees do not press this argument before this Court, we do not consider it.
Appellees also do not dispute that the Government generally has a compelling
interest in protecting minors from "indecent" and "patently offensive" speech.
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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