Parties: Reno v. Aclu
Date: 1997-06-26
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Paragraph: 91 - N136* The dramatic expansion of this new marketplace of ideas contradicts the factual basis of this contention. The record demonstrates that the growth of the Internet has been and continues to be phenomenal. As a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.
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Paragraph: 103 - Thus, the only way for a speaker to avoid liability under the CDA is to refrain completely from using indecent speech. But this forced silence impinges on the First Amendment right of adults to make and obtain this speech and, for all intents and purposes, N205* reduce[s] the adult population [on the Internet] to reading only what is fit for children.''
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Paragraph: 67 - That burden on adult speech is unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve.
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Paragraph: 96 - N88* ("Sexual expression which is indecent but not obscene is protected by the First Amendment'').
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Paragraph: 68 - In evaluating the free speech rights of adults, we have made it perfectly clear that N89* " [s]exual expression which is indecent but not obscene is protected by the First Amendment.'' Sable, 492 U.S., at 126, 109 S.Ct., at 2836. See also Carey v. Population Services Int'l, 431 U.S. 678, 701, 97 S.Ct. 2010, 2024, 52 L.Ed.2d 675 (1977) (" [W]here obscenity is not involved, we have consistently held that the fact that protected speech may be offensive to some does not justify its suppression''). Indeed, Pacifica itself admonished that "the fact that society may find speech offensive is not a sufficient reason for suppressing it.'' 438 U.S., at 745, 98 S.Ct., at 3038.
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Paragraph: 96 - The first of these makes it a crime to knowingly send a patently offensive message or image to a specific person under the age of 18 ("specific person'' provision). §223(d)(1)(A). The second criminalizes the display of patently offensive messages or images "in a[ny] manner available'' to minors ("display'' provision). §223(d)(1)(B). None of these provisions purports to keep indecent (or patently offensive) material away from adults, who have a First Amendment right to obtain this speech. Sable Communications of Cal., Inc. v. FCC, 492 U.S. 115, 126, 109 S.Ct. 2829, 2836, 106 L.Ed.2d 93 (1989) (N235* "Sexual expression which is indecent but not obscene is protected by the First Amendment").
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Paragraph: 68 - In evaluating the free speech rights of adults, we have made it perfectly clear that N236* " [s]exual expression which is indecent but not obscene is protected by the First Amendment.'' Sable, 492 U.S., at 126, 109 S.Ct., at 2836. See also Carey v. Population Services Int'l, 431 U.S. 678, 701, 97 S.Ct. 2010, 2024, 52 L.Ed.2d 675 (1977) N237* (" [W]here obscenity is not involved, we have consistently held that the fact that protected speech may be offensive to some does not justify its suppression''). Indeed, Pacifica itself admonished that N238* "the fact that society may find speech offensive is not a sufficient reason for suppressing it.''
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