03/02/2020
Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
placed the call or initiated the communication;
.....
"(2) knowingly permits any telecommunications facility under his control to be
used for any activity prohibited by paragraph (1) with the intent that it be used
for such activity,
"shall be fined under Title 18, or imprisoned not more than two years, or both."
The second provision, §223(d), prohibits the knowing sending or displaying of
patently offensive messages in a manner that is available to a person under 18
years of age. It provides:
"(d) Whoever-"(1) in interstate or foreign communications knowingly-"(A) uses an interactive computer service to send to a specific person or persons
under 18 years of age, or
"(B) uses any interactive computer service to display in a manner available to a
person under 18 years of age,
"any comment, request, suggestion, proposal, image, or other communication
that, in context, depicts or describes, in terms patently offensive as measured by
contemporary community standards, sexual or excretory activities or organs,
regardless of whether the user of such service placed the call or initiated the
communication; or
"(2) knowingly permits any telecommunications facility under such person's
control to be used for an activity prohibited by paragraph (1) with the intent that
it be used for such activity,
"shall be fined under Title 18, or imprisoned not more than two years, or both."
The breadth of these prohibitions is qualified by two affirmative defenses. See
[n.26]
§223(e)(5).
One covers those who take "good faith, reasonable, effective,
and appropriate actions" to restrict access by minors to the prohibited
communications. §223(e)(5)(A). The other covers those who restrict access to
covered material by requiring certain designated forms of age proof, such as a
verified credit card or an adult identification number or code. §223(e)(5)(B).
On February 8, 1996, immediately after the President signed the statute, 20
[n.27]
plaintiffs
filed suit against the Attorney General of the United States and
the Department of Justice challenging the constitutionality of §§223(a)(1) and
223(d). A week later, based on his conclusion that the term "indecent" was too
vague to provide the basis for a criminal prosecution, District Judge Buckwalter
entered a temporary restraining order against enforcement of §223(a)(1)(B)(ii)
insofar as it applies to indecent communications. A second suit was then filed by
27 additional plaintiffs,
[n.28]
https://www.law.cornell.edu/supct/html/96-511.ZO.html
the two cases were consolidated, and a three judge
[n 29]
7/29
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