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|Reno v. American Civil Liberties Union|
Supreme Court of the United States
|Argued March 19, 1997
Decided June 26, 1997
|Full case name||Janet Reno, Attorney General of the United States, et al. v. American Civil Liberties Union, et al.|
|Citations||521 U.S. 844 (more)
117 S.Ct. 2329, 2334; 138 L.Ed.2d 874
|Prior history||Prelim. injunction granted (3-judge court, E.D. Penn. 1996); expedited review by S.Ct. per CDA §561|
|§223(a)(1)(B), §223(a)(2), §223(d) of the CDA are unconstitutional and unenforceable, except for cases of obscenity or child pornography, because they abridge the freedom of speech protected by the First Amendment and are substantially overbroad. The Internet is entitled to the full protection given to media like the print press; the special factors justifying government regulation of broadcast media do not apply.|
|Majority||Stevens, joined by Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer|
|Concur/dissent||O'Connor, joined by Rehnquist|
|U.S. Const. amend. I; 47 U.S.C. § 223|
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), is a United States Supreme Court case in which all nine Justices of the Court voted to strike down anti-indecency provisions of the Communications Decency Act (the CDA), finding they violated the freedom of speech provisions of the First Amendment. Two Justices concurred in part and dissented in part to the decision. This was the first major Supreme Court ruling regarding the regulation of materials distributed via the Internet.
The Communications Decency Act was an attempt to protect minors from explicit material on the Internet by criminalizing the knowing transmission of "obscene or indecent" messages to any recipient under 18; and also the knowing sending to a person under 18 of anything "that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs."
The government's main defense of the CDA was that similar decency laws had been upheld in three prior Supreme Court decisions: Ginsberg v. New York (1968); F.C.C. v. Pacifica Foundation (1978); and Renton v. Playtime Theatres, Inc. (1986); and that the CDA should be similarly upheld.
In F.C.C. v. Pacifica Foundation, the Supreme Court had upheld the possibility of the FCC delivering administrative sanctions to a radio station for broadcasting George Carlin's monologue titled "Filthy Words". In Reno v. ACLU, though, the Supreme Court held that this was not case law justifying the CDA, as the FCC's sanctions were not criminal punishments; and TV and radio broadcasts, "as a matter of history, had 'received the most limited First Amendment protection' … in large part because warnings could not adequately protect the listener from unexpected program content", as opposed to Internet users, who must take "a series of affirmative steps" to access explicit material.
Finally, in Renton v. Playtime Theaters, Inc., the Supreme Court had upheld a zoning ordinance that kept adult movie theaters out of residential neighborhoods. The government argued that the CDA was an attempt to institute "a sort of 'cyberzoning' on the Internet". In Reno v. ACLU, however, the Court ruled that the "time, place, and manner regulation" that Renton had enacted was not similar to the CDA, which was "a content-based blanket restriction on speech".
In a nuanced decision, Justice John Paul Stevens wrote of the differences between Internet communication and previous types of communication that the Court had ruled on. In conclusion, he wrote:
The rest of the CDA, including the "safe harbor" provision protecting ISPs from being liable for the words of others, was not affected by this decision and remains law.
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, mail exploders, and newsgroups, the same individual can become a pamphleteer.—Opinion of the court, 58¶ 5-6, 
Justice O'Connor, joined by Chief Justice Rehnquist, agreed with the decision "as of 1997", but expressed interest in the idea of creating an "adult zone" on the Internet that was made inaccessible to minors through "gateway technology" that had been investigated by a lower district court. If such technology could be introduced, they wrote, zoning portions of the Internet to prohibit adult content could be as constitutional as such zoning is in the physical world. (See .xxx top-level domain. An alternate proposal promoted by free speech advocates claims that a ".kids" domain would be more feasible and constitutional.)
The two dissented in part, writing they would have invalidated a narrower portion of the two CDA provisions under review.
Contenido de sensagent