ashcroft
attorney
general
american
civil
liberties
union
et
argued
november
decided
may
reno
american
civil
liberties
union
found
communications
decency
act
cda
congress
first
attempt
protect
children
exposure
pornographic
material
internet
ran
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amendment
regulation
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display
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california
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scalia
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part
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kennedy
filed
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souter
ginsburg
joined
stevens
filed
dissenting
opinion
john
ashcroft
attorney
general
petitioner
american
civil
liberties
union
et
al
writ
certiorari
appeals
third
circuit
may
justice
thomas
announced
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opinion
respect
parts
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case
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narrow
question
whether
child
online
protection
act
copa
act
use
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standards
identify
material
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minors
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first
amendment
hold
aspect
copa
render
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facially
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internet
offer
forum
true
diversity
political
discourse
unique
opportunities
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development
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activity
supp
surfing
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hereinafter
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individuals
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thousands
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theater
follow
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league
baseball
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civil
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reno
supp
ed
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adult
sites
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american
civil
liberties
union
access
internet
widely
available
homes
schools
libraries
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see
app
children
may
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american
civil
liberties
union
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american
civil
liberties
union
congress
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president
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miller
california
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pennsylvania
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reno
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chicago
mosley
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term
engaged
business
mean
person
makes
communication
offers
make
communication
means
world
wide
web
includes
material
harmful
minors
devotes
time
attention
labor
activities
regular
course
person
trade
business
objective
earning
profit
result
activities
although
necessary
person
make
profit
making
offering
make
communications
person
sole
principal
business
source
income
respondents
include
american
civil
liberties
union
androgony
books
different
light
bookstores
american
booksellers
foundation
free
expression
artnet
worldwide
corporation
blackstripe
addazi
condomania
electronic
frontier
foundation
electronic
privacy
information
center
free
speech
media
philadelphia
gay
news
planetout
corporation
powell
bookstore
riotgrrl
salon
internet
west
stock
known
imagestate
north
america
three
claims
relevant
resolving
dispute
hand
respondents
alleged
copa
infringed
free
speech
rights
older
minors
violated
right
communicate
access
information
anonymously
unconstitutionally
vague
app
petitioner
contends
speaker
web
possesses
ability
communicate
individuals
located
targeted
geographic
communities
brief
petitioner
stipulated
nce
provider
posts
content
internet
chooses
make
available
generally
prevent
content
entering
geographic
community
app
district
adopted
stipulation
finding
fact
see
american
civil
liberties
union
reno
supp
ed
petitioner
points
evidence
record
suggesting
finding
clearly
erroneous
although
phrase
contemporary
community
standards
appears
prurient
interest
prong
miller
test
see
miller
california
indicated
patently
offensive
prong
test
also
question
fact
decided
jury
applying
contemporary
community
standards
see
pope
illinois
parties
therefore
agree
even
though
contemporary
community
standards
similarly
mentioned
prurient
interest
prong
copa
definition
see
jurors
apply
contemporary
community
standards
well
evaluating
whether
material
patently
offensive
respect
minors
cda
allowed
juries
find
material
patently
offensive
long
depicted
described
sexual
excretory
activities
organs
copa
specifically
delineates
sexual
activities
anatomical
features
depictions
may
found
patently
offensive
actual
simulated
sexual
act
sexual
contact
actual
simulated
normal
perverted
sexual
act
lewd
exhibition
genitals
female
breast
justice
stevens
argues
prurient
interest
prong
substantially
narrow
category
images
covered
copa
rguably
every
depiction
nudity
partial
full
sense
erotic
respect
minors
post
dissenting
opinion
emphasis
original
agree
example
great
difficulty
understanding
pictures
war
victim
wounded
nude
body
reasonably
described
vast
majority
circumstances
erotic
especially
evaluated
perspective
minors
see
webster
ninth
new
collegiate
dictionary
defining
erotic
devoted
tending
arouse
sexual
love
desire
justice
stevens
contends
copa
serious
value
prong
marginally
limits
sweep
statute
protect
material
serious
value
works
serious
value
minors
see
post
dissenting
opinion
however
refer
evidence
supporting
counterintuitive
assertion
certainly
none
record
suggesting
copa
restricts
amount
material
cda
moreover
justice
stevens
dispute
copa
serious
value
prong
serves
important
purpose
allowing
appellate
courts
set
matter
law
national
floor
socially
redeeming
value
reno
although
nowhere
mentioned
relevant
statutory
text
held
miller
test
defines
regulated
speech
purposes
federal
obscenity
statutes
see
smith
fact
perhaps
omitted
federal
statute
issue
hamling
defendant
prosecuted
district
obscene
mail
passed
route
destination
see
brennan
dissenting
postal
customer
obviously
lacked
ability
control
path
letter
traveled
made
way
intended
recipient
justice
stevens
contention
upheld
application
community
standards
nationwide
medium
sable
due
fact
least
possible
operators
tailor
messages
particular
communities
inaccurate
see
post
dissenting
opinion
conclusion
clearly
hinge
either
fact
operators
prevent
callers
particular
communities
accessing
messages
assessment
burdensome
operators
take
step
rather
companies
required
abide
standards
various
communities
sole
reason
transmitted
material
communities
see
sable
sable
audience
comprised
different
communities
different
local
standards
sable
ultimately
bears
burden
complying
prohibition
obscene
messages
addition
copa
justice
kennedy
suggests
foreclose
entire
medium
expression
post
quoting
city
ladue
gilleo
justice
kennedy
justice
stevens
repeatedly
imply
copa
banishes
web
material
deemed
harmful
minors
reference
community
standards
see
post
opinion
concurring
judgment
post
dissenting
opinion
statute
thing
requires
material
placed
behind
adult
identification
screens
obscene
material
instance
explicitly
falls
within
coverage
copa
see
supp
justice
stevens
conclusion
contrary
based
little
speculation
see
post
kennedy
concurring
judgment
objective
evidence
cited
dissenting
opinion
proposition
copa
restrict
substantial
amount
protected
speech
considered
harmful
minors
many
communities
various
anecdotes
compiled
amici
brief
see
post
citing
brief
volunteer
lawyers
arts
et
al
amici
curiae
justice
stevens
however
even
willing
represent
anecdotes
relate
material
restricted
copa
see
post
understand
reluctance
vast
majority
works
cited
brief
likely
unaffected
statute
see
brief
volunteer
lawyer
arts
et
al
amici
curiae
describing
among
incidents
controversies
various
communities
regarding
maya
angelou
know
caged
bird
sings
judy
blume
god
margaret
aldous
huxley
brave
new
world
salinger
catcher
rye
academy
award
best
picture
nominee
piano
american
broadcasting
corporation
television
network
nypd
blue
songs
popular
duo
indigo
girls
anecdotes
therefore
questionable
relevance
matter
hand
certainly
constitute
sufficient
basis
invalidating
federal
statute
moreover
agree
justice
kennedy
suggestion
necessary
appeals
revisit
question
upon
remand
see
post
lack
evidence
record
relevant
question
presented
indicate
vacate
consideration
post
rather
indicates
respondents
offering
little
speculation
failed
meet
burden
demonstrating
facial
challenge
copa
reliance
community
standards
renders
statute
substantially
overbroad
footnotes
petitioner
cites
examples
display
statutes
require
magazine
racks
shield
minors
covers
pornographic
magazines
brief
petitioner
yet
rule
constitutionality
statutes
event
little
relevance
regulation
speech
internet
recognized
aclu
receipt
information
internet
requires
series
affirmative
steps
deliberate
directed
merely
turning
dial
scanning
magazine
rack
hardly
solution
say
justice
thomas
suggests
ante
speaker
need
choose
different
medium
order
avoid
speech
judged
least
tolerant
community
overbreadth
doctrine
quickly
become
toothless
protection
hold
substituting
limited
forum
expression
acceptable
price
pay
since
restriction
presumptively
invalid
place
burden
parents
take
simple
step
utilizing
medium
enables
ante
avoid
material
requiring
speaker
find
another
forum
justice
breyer
seeks
avoid
problem
effectively
reading
phrase
contemporary
national
standards
statute
ante
opinion
concurring
part
concurring
judgment
legislative
history
copa
provides
support
reading
contradicted
clear
text
statute
directs
jurors
consider
community
standards
phrase
term
art
taken
particular
meaning
light
precedent
although
never
held
applying
national
standard
constitutionally
impermissible
said
asking
jury
exercise
futility
miller
california
juror
entitled
draw
knowledge
views
average
person
community
vicinage
comes
making
required
determination
hamling
lingering
doubts
meaning
phrase
certainly
dispelled
discussion
issue
aclu
presume
congress
legislates
backdrop
decisions
therefore
justice
thomas
correctly
refused
rewrite
statute
substitute
standard
congress
clearly
choose
even
willing
still
acknowledge
petitioner
jurors
instructed
apply
national
adult
standard
reach
widely
different
conclusions
throughout
country
see
ante
brief
petitioner
course
justice
thomas
example
image
war
victim
wounded
nude
body
ante
covered
statute
unless
depicted
lewd
exhibition
genitals
female
breast
lacked
serious
political
value
minors
supp
also
notes
limitation
communications
made
commercial
purposes
narrows
category
speech
compared
cda
ante
certainly
true
condition
limits
scope
statute
phrase
commercial
purposes
somewhat
misleading
definition
commercial
purposes
covers
anyone
generates
revenue
advertisements
merchandise
regardless
amount
advertising
whether
advertisements
products
related
images
allegedly
harmful
minors
district
noted
nothing
text
copa
however
limits
applicability
commercial
pornographers
indeed
text
copa
imposes
liability
speaker
knowingly
makes
communication
commercial
purposes
includes
material
harmful
minors
app
pet
cert
context
internet
hardly
serious
limitation
study
example
found
percent
web
sites
contain
commercial
content
lawrence
giles
accessibility
information
web
nature
guernsey
seek
web
might
find
times
july
interestingly
study
found
percent
million
sites
cataloged
contained
pornographic
content
justice
kennedy
accuses
appeals
evaluating
overbreadth
vacuum
dismissing
concerns
raised
district
ante
concerns
went
whether
copa
survives
strict
scrutiny
overbreadth
even
justice
kennedy
formulation
unclear
relevant
overbreadth
analysis
example
whether
copa
narrowly
tailored
whether
affirmative
defenses
impose
great
burden
whether
inclusion
criminal
well
civil
penalties
excessive
brief
volunteer
lawyers
arts
et
al
amici
curiae
describing
findings
people
american
way
foundation
annual
freedom
learn
reports
reason
expect
particular
community
view
material
change
based
appeals
construes
statute
commercial
purposes
whole
provisions