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Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 637-638 (1994); and its
"invasive" nature, see Sable Communications of Cal., Inc. v. FCC, 492 U.S. 115,
128 (1989).
Those factors are not present in cyberspace. Neither before nor after the
enactment of the CDA have the vast democratic fora of the Internet been subject
to the type of government supervision and regulation that has attended the
[n.33]
broadcast industry.
Moreover, the Internet is not as "invasive" as radio or
television. The District Court specifically found that "[c]ommunications over the
Internet do not `invade' an individual's home or appear on one's computer
screen unbidden. Users seldom encounter content `by accident.' " 929 F. Supp.,
at 844 (finding 88). It also found that "[a]lmost all sexually explicit images are
preceded by warnings as to the content," and cited testimony that " `odds are
slim' that a user would come across a sexually explicit sight by accident." Ibid.
We distinguished Pacifica in Sable, 492 U. S., at 128, on just this basis. In Sable,
a company engaged in the business of offering sexually oriented prerecorded
telephone messages (popularly known as "dial a porn") challenged the
constitutionality of an amendment to the Communications Act that imposed a
blanket prohibition on indecent as well as obscene interstate commercial
telephone messages. We held that the statute was constitutional insofar as it
applied to obscene messages but invalid as applied to indecent messages. In
attempting to justify the complete ban and criminalization of indecent
commercial telephone messages, the Government relied on Pacifica, arguing that
the ban was necessary to prevent children from gaining access to such
messages. We agreed that "there is a compelling interest in protecting the
physical and psychological well being of minors" which extended to shielding
them from indecent messages that are not obscene by adult standards, 492 U.
S., at 126, but distinguished our "emphatically narrow holding" in Pacifica
because it did not involve a complete ban and because it involved a different
medium of communication, id., at 127. We explained that "the dial it medium
requires the listener to take affirmative steps to receive the communication." Id.,
at 127-128. "Placing a telephone call," we continued, "is not the same as turning
on a radio and being taken by surprise by an indecent message." Id., at 128.
Finally, unlike the conditions that prevailed when Congress first authorized
regulation of the broadcast spectrum, the Internet can hardly be considered a
"scarce" expressive commodity. It provides relatively unlimited, low cost capacity
for communication of all kinds. The Government estimates that "[a]s many as 40
million people use the Internet today, and that figure is expected to grow to 200
[n.34]
million by 1999."
This dynamic, multifaceted category of communication
includes not only traditional print and news services, but also audio, video, and
still images, as well as interactive, real time dialogue. Through the use of chat
rooms, any person with a phone line can become a town crier with a voice that
resonates farther than it could from any soapbox. Through the use of Web pages,
https://www.law.cornell.edu/supct/html/96-511.ZO.html
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