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 20/29

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