John Ashcroft, Attorney General v. American Civil Liberties Union, et al. (535 U.S. 564)

U.S. Supreme Court · decided May 13, 2002 · Supreme Court Database (Spaeth)

Citation
535 U.S. 564 · 122 S. Ct. 1700
Decided
May 13, 2002
Term
October Term 2001
Vote
8–1
Majority author
Justice Thomas
Issue area
First Amendment
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Thomas announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, an opinion with respect to Parts III-A, III-C, and III-D, in which The Chief Justice and Justice Scalia join, and an opinion with respect to Part III-B, in which The Chief Justice, Justice O’Connor, and Justice Scalia join. This case presents the narrow question whether the Child Online Protection Act’s (COPA or Act) use of “community standards” to identify “material that is harmful to minors” violates the First Amendment. We hold that this aspect of COPA does not render the statute facially unconstitutional. I “The Internet . . . offer[s] a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.” 47 U. S. C. § 230(a)(3) (1994 ed., Supp. V). While “surfing” the World Wide Web, the primary method of remote information retrieval on the Internet today, see App. in No. 99-1324 (CA3), p. 180 (hereinafter App.), individuals can access material about topics ranging from aardvarks to Zoroastrianism. One can use the Web to read thousands of newspapers published around the globe, purchase tickets for a matinee at the neighborhood movie theater, or follow the progress of any Major League Baseball team on a pitch-by-pitch basis. The Web also contains a wide array of sexually…

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