03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
"other persons or circumstances" that might be constitutionally permissible. It
further invokes this Court's admonition that, absent "countervailing
considerations," a statute should "be declared invalid to the extent it reaches too
far, but otherwise left intact." Brockett v. Spokane Arcades, Inc., 472 U.S. 491,
503-504 (1985). There are two flaws in this argument.
First, the statute that grants our jurisdiction for this expedited review, 47 U. S.
C. A. §561 (Supp. 1997), limits that jurisdictional grant to actions challenging
the CDA "on its face." Consistent with §561, the plaintiffs who brought this suit
and the three judge panel that decided it treated it as a facial challenge. We have
no authority, in this particular posture, to convert this litigation into an "as
applied" challenge. Nor, given the vast array of plaintiffs, the range of their
expressive activities, and the vagueness of the statute, would it be practicable to
limit our holding to a judicially defined set of specific applications.
Second, one of the "countervailing considerations" mentioned in Brockett is
present here. In considering a facial challenge, this Court may impose a limiting
construction on a statute only if it is "readily susceptible" to such a construction.
Virginia v. American Bookseller's Assn., Inc., 484 U.S. 383, 397 (1988). See also
Erznoznik, v. Jacksonville, 422 U.S. 205, 216 (1975) ("readily subject" to
narrowing construction). The open ended character of the CDA provides no
guidance whatever for limiting its coverage.
This case is therefore unlike those in which we have construed a statute narrowly
because the text or other source of congressional intent identified a clear line
that this Court could draw. Cf., e.g., Brockett, 472 U. S., at 504-505
(invalidating obscenity statute only to the extent that word "lust" was actually or
effectively excised from statute); United States v. Grace, 461 U.S. 171, 180-183
(1983) (invalidating federal statute banning expressive displays only insofar as it
extended to public sidewalks when clear line could be drawn between sidewalks
and other grounds that comported with congressional purpose of protecting the
building, grounds, and people therein). Rather, our decision in United States v.
Treasury Employees, 513 U.S. 454, 479, n. 26 (1995), is applicable. In that
case, we declined to "dra[w] one or more lines between categories of speech
covered by an overly broad statute, when Congress has sent inconsistent signals
as to where the new line or lines should be drawn" because doing so "involves a
[n.49]
far more serious invasion of the legislative domain."
This Court "will not
rewrite a . . . law to conform it to constitutional requirements." American
[n.50]
Booksellers, 484 U. S., at 397.
In this Court, though not in the District Court, the Government asserts that--in
addition to its interest in protecting children--its "[e]qually significant" interest in
fostering the growth of the Internet provides an independent basis for upholding
the constitutionality of the CDA. Brief for Appellants 19. The Government
apparently assumes that the unregulated availability of "indecent" and "patently
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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