Reno v. ACLU (1996)

Docket
96-511
Decided
1996-01-01

Summary

Question: Did certain provisions of the 1996 Communications Decency Act violate the First and Fifth Amendments by being overly broad and vague in their definitions of the types of internet communications which they criminalized? Conclusion: Yes. The Court held that the Act violated the First Amendment because its regulations amounted to a content-based blanket restriction of free speech. The Act failed to clearly define "indecent" communications, limit its restrictions to particular times or individuals (by showing that it would not impact adults), provide supportive statements from an authority on the unique nature of internet communications, or conclusively demonstrate that the transmission of "offensive" material is devoid of any social value. The Court added that since the First Amendment distinguishes between "indecent" and "obscene" sexual expressions, protecting only the former, the Act could be saved from facial overbreadth challenges if it dropped the words "or indecent" from its text. The Court refused to address any Fifth Amendment issues. Justice Sandra Day O'Connor authored an opinion concurring in the judgment in part and dissenting in part, joined by Chief Justice William Rehnquist. Justice O'Connor would invalidate the provisions only to the extent that they fail to adhere to the Court's principle that zoning restrictions may be valid if they do not unduly limit adult access to the material.

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