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Reno v. ACLU

Who was involved?

American Civil Liberties Union

The ACLU argues for the court to rule the Communications Decency Act (COPA) of 1996 unconstitutional claiming that it was a violation of first and fifth amendments rights.

Attorney General Janet Reno

on Behalf of the Federal Government

Getting to the Supreme Court

The district court comes to a ruling keeping the government from enforcing the challenged provisions of the CDA claiming that in such an uncontrollable medium, it would be a violation of the first amendment to try to censor speech on the internet. After this ruling, Reno immediately appeals the case to the supreme court and has to convince the court to take on the case due to the many constitutional issues that were involved. Reno argues on behalf of the federal government for there to be a limit on adult publications on the internet.

1997

Question of the Case

Did certain provisions of the 1996 Communications Decency Act violate the First and Fifth Amendments by limiting speech and being overly broad and vague in their definitions of the types of internet communications which they criminalized?

In simpler terms...

Why and where?

In 1997, a group of organizations, including the American Civil Liberties Union (ACLU), challenged the “indecent transmission” and “patently offensive display” provisions of the Communications Decency Act of 1996. There were two provisions that made it a crime to send or make available offensive material to people under the age of eighteen through the internet. The original jurisdiction took place in the Philadelphia district court which sided with the ACLU. Attorney General Janet Reno appealed the case to the Supreme Court on behalf of the federal government.

Supreme Court Justices

Becoming a Landmark Case

William H. Rehnquist , John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Steven G. Breyer

The Vote

Rehnquist- Dissent

Stevens- Majority

O'Connor- Dissent

Scalia- Majority

Kennedy- Majority

Souter- Majority

Thomas- Majority

Ginsburg- Majority

Breyer- Majority

Main Constitutional Issue

Amendment 1: Speech and Press

-This was the first case to deal with regulation

of the Internet and its publications.

-The case is used as a precedent for other cases involving the media and first amendment rights.

-Granted the Internet full protection under the first amendment.

-Gave the Internet different provisions than other media such as television and the radio.

The ACLU argued that it was a

violation of first amendment

rights to try to censor internet

publications.

Supreme Court Decision

Voted 7-2

Communications Decency Act

Attempt by Congress to limit "obscene or indecent" material on the internet. It made it a criminal offense to send any messages through the internet depicting sexual activity deemed offensive to a minor under the age of eighteen. It was an attempt to regulate obscenity available to minors in cyberspace.

The Supreme court upheld the ruling of the district court, siding with the ACLU. The majority vote decided that the two provisions defined in the CDA were unconstitutional, and the act would not be enforced due to the violation of the first amendment. The Internet is entitled to full first amendment rights. Internet publications could not be censored to protect children from indecency or obscenity due to the vagueness of what could be defined as indecent or obscene and for what age. The dissenting vote was not fully in favor of the CDA but was in favor of creating some sort of way to block minors from certain sites on the Internet.

Petitioner

In other words... Careful what you Google!!

Sources

http://www.cyber-rights.org/censorship/aclu.htm

http://www.techlawjournal.com/courts/copa/Default.htm

http://www.oyez.org/cases/1990-1999/1996/1996_96_511

http://www.infoplease.com/us/supreme-court/cases/ar33.html

http://www.aclu.org/technology-and-liberty/feature-reno-v-aclu-i-battle-over-cda

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