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Cyberporn and censorship: constitutional barriers to preventing access to internet pornography by minors.

Part of a special section on the Supreme Court is presented. In Reno v. ACLU, the Court found two provisions of the Communications Decency Act of 1996 to be unconstitutional due to their vagueness and the chilling effect their application would have on Internet communications. It is argued that an...

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Published in:Journal of Criminal Law & Criminology Vol. 88; no. 3; pp. 1015 - 1049
Main Author: Simon, Glenn E.
Format: Article
Published: Northwestern University Spring98
Subjects:
United States. Constitution. Bill of Rights
Internet laws
Internet pornography
Obscenity (Law)
Internet & children
Freedom of speech
Internet censorship
United States
Online Access:View this record in EBSCOhost
Summary:Part of a special section on the Supreme Court is presented. In Reno v. ACLU, the Court found two provisions of the Communications Decency Act of 1996 to be unconstitutional due to their vagueness and the chilling effect their application would have on Internet communications. It is argued that any future attempt to regulate sexually explicit Internet transmissions must be drafted with adequate specificity in order to eliminate ambiguity as to the scope of its enforcement. The government's contention that this regulation is justified as an exercise of its zoning power is rejected.