ashcroft
attorney
general
american
civil
liberties
union
et
argued
march
decided
june
counsel
record
petitioner
ashcroft
theodore
olson
solicitor
general
washington
dc
respondent
aclu
ann
beeson
new
york
ny
protect
minors
exposure
sexually
explicit
materials
internet
congress
enacted
child
online
protection
act
copa
among
things
imposes
fine
months
prison
knowing
posting
commercial
purposes
world
wide
web
content
harmful
minors
provides
affirmative
defense
commercial
web
speakers
restrict
access
prohibited
materials
requiring
use
credit
card
reasonable
measures
feasible
available
technology
copa
enacted
response
reno
american
civil
liberties
union
held
communications
decency
act
congress
first
attempt
make
internet
safe
minors
criminalizing
certain
internet
speech
unconstitutional
narrowly
tailored
serve
compelling
governmental
interest
less
restrictive
alternatives
available
respondents
web
speakers
others
concerned
protecting
freedom
speech
filed
suit
preliminary
injunction
copa
enforcement
considering
testimony
presented
respondents
government
district
granted
preliminary
injunction
concluding
respondents
likely
prevail
argument
less
restrictive
alternatives
copa
particularly
blocking
filtering
technology
third
circuit
affirmed
different
grounds
reversed
ashcroft
american
civil
liberties
union
remand
third
circuit
affirmed
concluding
inter
alia
copa
least
restrictive
means
available
government
serve
interest
preventing
minors
using
internet
gain
access
harmful
materials
held
third
circuit
correct
affirm
district
ruling
enforcement
copa
enjoined
statute
likely
violates
first
amendment
pp
district
abuse
discretion
entered
preliminary
injunction
standard
applies
review
injunction
grant
appellate
jurisdiction
give
license
depart
established
review
standard
walters
national
assn
radiation
survivors
injunction
must
upheld
case
remanded
trial
merits
underlying
constitutional
question
close
therefore
need
consider
broader
constructions
statute
adopted
appeals
district
concentrated
primarily
argument
plausible
less
restrictive
alternatives
copa
see
reno
promoting
development
filters
industry
use
parents
closest
precedent
playboy
entertainment
group
like
case
involved
restriction
designed
protect
minors
viewing
harmful
materials
concluded
absent
showing
less
restrictive
technological
alternative
already
available
parents
effective
blanket
speech
restriction
restrictive
option
preferred
congress
survive
strict
scrutiny
reasoning
playboy
entertainment
group
holdings
force
precedents
compel
affirm
preliminary
injunction
otherwise
less
first
amendment
commands
pp
important
practical
reasons
also
support
letting
injunction
stand
pending
full
trial
merits
first
potential
harms
reversal
outweigh
leaving
injunction
place
mistake
extraordinary
harm
serious
chill
upon
protected
speech
may
result
prosecution
likely
possibility
affirmative
defense
available
speakers
may
rather
risk
perils
trial
cf
playboy
entertainment
group
supra
harm
done
letting
injunction
stand
pending
trial
merits
contrast
extensive
second
substantial
factual
disputes
remaining
case
including
serious
gap
evidence
filtering
software
effectiveness
allowing
preliminary
injunction
stand
remanding
trial
requires
government
shoulder
full
constitutional
burden
proof
respecting
less
restrictive
alternative
argument
rather
excuse
third
factual
record
reflect
current
technological
reality
serious
flaw
case
involving
internet
evolves
rapid
pace
reasonable
assume
technological
developments
important
first
amendment
analysis
occurred
five
years
since
district
made
factfindings
affirming
preliminary
injunction
remanding
trial
allows
parties
update
supplement
factual
record
reflect
current
technology
remand
also
permit
district
take
account
changed
legal
landscape
since
made
factfindings
congress
passed
least
two
statutes
might
qualify
less
restrictive
alternatives
copa
prohibition
misleading
domain
names
statute
creating
domain
pp
affirmed
remanded
kennedy
delivered
opinion
stevens
souter
thomas
ginsburg
joined
stevens
filed
concurring
opinion
ginsburg
joined
scalia
filed
dissenting
opinion
breyer
filed
dissenting
opinion
rehnquist
joined
john
ashcroft
attorney
general
petitioner
american
civil
liberties
union
et
al
writ
certiorari
appeals
third
circuit
june
justice
kennedy
delivered
opinion
case
presents
challenge
statute
enacted
congress
protect
minors
exposure
sexually
explicit
materials
internet
child
online
protection
act
copa
stat
codified
must
decide
whether
appeals
correct
affirm
ruling
district
enforcement
copa
enjoined
statute
likely
violates
first
amendment
enacting
copa
congress
gave
consideration
earlier
decisions
subject
particular
decision
reno
american
civil
liberties
union
reason
judiciary
must
proceed
caution
care
invalidating
act
ashcroft
american
civil
liberties
union
ashcroft
kennedy
concurring
judgment
imperative
according
respect
congress
however
permit
us
depart
first
amendment
principles
instead
must
hold
government
constitutional
burden
proof
prohibitions
enforced
severe
criminal
penalties
constant
potential
repressive
force
lives
thoughts
free
people
guard
threat
constitution
demands
restrictions
speech
presumed
invalid
paul
government
bear
burden
showing
constitutionality
playboy
entertainment
group
true
even
congress
twice
attempted
find
constitutional
means
restrict
punish
speech
question
case
comes
certiorari
review
appeal
decision
district
granting
preliminary
injunction
appeals
reviewed
decision
district
abuse
discretion
standard
appeals
correct
conclude
district
abuse
discretion
granting
preliminary
injunction
government
failed
point
rebut
plaintiffs
contention
plausible
less
restrictive
alternatives
statute
substantial
practical
considerations
furthermore
argue
favor
upholding
injunction
allowing
case
proceed
trial
reasons
affirm
decision
appeals
upholding
preliminary
injunction
remand
case
may
returned
district
trial
issues
presented
copa
second
attempt
congress
make
internet
safe
minors
criminalizing
certain
internet
speech
first
attempt
communications
decency
act
pub
stat
supp
ii
held
cda
unconstitutional
narrowly
tailored
serve
compelling
governmental
interest
less
restrictive
alternatives
available
reno
supra
response
decision
reno
congress
passed
copa
copa
imposes
criminal
penalties
fine
six
months
prison
knowing
posting
commercial
purposes
world
wide
web
content
harmful
minors
material
harmful
minors
defined
communication
picture
image
graphic
image
file
article
recording
writing
matter
kind
obscene
average
person
applying
contemporary
community
standards
find
taking
material
whole
respect
minors
designed
appeal
designed
pander
prurient
interest
depicts
describes
represents
manner
patently
offensive
respect
minors
actual
simulated
sexual
act
sexual
contact
actual
simulated
normal
perverted
sexual
act
lewd
exhibition
genitals
female
breast
taken
whole
lacks
serious
literary
artistic
political
scientific
value
minors
minors
defined
person
years
age
person
acts
commercial
purposes
person
engaged
business
making
communications
engaged
business
turn
means
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
statute
labels
speech
falls
within
definitions
criminal
speech
also
provides
affirmative
defense
employ
specified
means
prevent
minors
gaining
access
prohibited
materials
web
site
person
may
escape
conviction
statute
demonstrating
restricted
access
minors
material
harmful
minors
requiring
use
credit
card
debit
account
adult
access
code
adult
personal
identification
number
accepting
digital
certificate
verifies
age
reasonable
measures
feasible
available
technology
since
passage
copa
congress
enacted
additional
laws
regulating
internet
attempt
protect
minors
example
enacted
prohibition
misleading
internet
domain
names
supp
order
prevent
web
site
owners
disguising
pornographic
web
sites
way
likely
cause
uninterested
persons
visit
see
brief
petitioner
giving
example
web
site
also
passed
statute
creating
dot
kids
internet
domain
content
restricted
fit
minors
age
supp
respondents
internet
content
providers
others
concerned
protecting
freedom
speech
filed
suit
district
eastern
district
pennsylvania
sought
preliminary
injunction
enforcement
statute
considering
testimony
witnesses
presented
respondents
government
district
issued
order
granting
preliminary
injunction
first
noted
statute
place
burden
protected
speech
american
civil
liberties
union
reno
supp
concluded
respondents
likely
prevail
argument
less
restrictive
alternatives
statute
record
date
apparent
petitioner
meet
burden
prove
copa
least
restrictive
means
available
achieve
goal
restricting
access
minors
harmful
material
particular
noted
record
reveals
blocking
filtering
technology
may
least
successful
copa
restricting
minors
access
harmful
material
online
without
imposing
burden
constitutionally
protected
speech
copa
imposes
adult
users
web
site
operators
ibid
government
appealed
district
decision
appeals
third
circuit
appeals
affirmed
preliminary
injunction
different
ground
concluded
community
standards
language
copa
rendered
statute
unconstitutionally
overbroad
granted
certiorari
reversed
holding
language
standing
alone
make
statute
unconstitutionally
overbroad
ashcroft
ii
like
appellate
courts
always
applied
abuse
discretion
standard
review
preliminary
injunction
walters
national
assn
radiation
survivors
concurring
internal
quotation
marks
omitted
grant
appellate
jurisdiction
give
license
depart
established
standards
appellate
review
ibid
underlying
constitutional
question
close
therefore
uphold
injunction
remand
trial
merits
applying
mode
inquiry
agree
appeals
district
abuse
discretion
entering
preliminary
injunction
reasoning
support
conclusion
however
based
narrower
specific
grounds
rationale
appeals
adopted
appeals
opinion
affirming
decision
district
construed
number
terms
statute
held
copa
construed
unconstitutional
none
constructions
statutory
terminology
however
relied
necessary
conclusions
district
instead
district
concluded
statute
likely
burden
speech
protected
adults
petitioner
dispute
definitional
disputes
district
concluded
respondents
interpretation
unreasonable
relied
interpretation
conclude
respondents
standing
challenge
statute
petitioner
dispute
affirm
district
decision
grant
preliminary
injunction
reasons
relied
district
decline
consider
correctness
arguments
relied
appeals
district
deciding
grant
preliminary
injunction
concentrated
primarily
argument
plausible
less
restrictive
alternatives
copa
statute
effectively
suppresses
large
amount
speech
adults
constitutional
right
receive
address
one
another
unacceptable
less
restrictive
alternatives
least
effective
achieving
legitimate
purpose
statute
enacted
serve
reno
plaintiffs
challenge
speech
restriction
burden
government
prove
proposed
alternatives
effective
challenged
statute
considering
question
assumes
certain
protected
speech
may
regulated
asks
least
restrictive
alternative
used
achieve
goal
purpose
test
consider
whether
challenged
restriction
effect
achieving
congress
goal
regardless
restriction
imposes
purpose
test
ensure
speech
restricted
necessary
achieve
goal
important
assure
legitimate
speech
chilled
punished
reason
test
begin
status
quo
existing
regulations
ask
whether
challenged
restriction
additional
ability
achieve
congress
legitimate
interest
restriction
speech
justified
analysis
instead
ask
whether
challenged
regulation
least
restrictive
means
among
available
effective
alternatives
deciding
whether
grant
preliminary
injunction
stage
district
must
consider
whether
plaintiffs
demonstrated
likely
prevail
merits
see
doran
salem
inn
also
considers
whether
plaintiff
shown
irreparable
injury
see
parties
case
contest
correctness
district
conclusion
likelihood
irreparable
injury
established
see
supp
government
bears
burden
proof
ultimate
question
copa
constitutionality
respondents
must
deemed
likely
prevail
unless
government
shown
respondents
proposed
less
restrictive
alternatives
less
effective
copa
applying
analysis
district
concluded
respondents
likely
prevail
conclusion
abuse
discretion
record
number
plausible
less
restrictive
alternatives
statute
primary
alternative
considered
district
blocking
filtering
software
blocking
filtering
software
alternative
less
restrictive
copa
addition
likely
effective
means
restricting
children
access
materials
harmful
district
granting
preliminary
injunction
primarily
plaintiffs
proposed
filters
less
restrictive
alternative
copa
government
shown
likely
disprove
plaintiffs
contention
trial
ibid
filters
less
restrictive
copa
impose
selective
restrictions
speech
receiving
end
universal
restrictions
source
filtering
regime
adults
without
children
may
gain
access
speech
right
see
without
identify
provide
credit
card
information
even
adults
children
may
obtain
access
speech
terms
simply
turning
filter
home
computers
promoting
use
filters
condemn
criminal
category
speech
potential
chilling
effect
eliminated
least
much
diminished
things
true
moreover
regardless
broadly
narrowly
definitions
copa
construed
filters
also
may
well
effective
copa
first
filter
prevent
minors
seeing
pornography
pornography
posted
web
america
district
noted
factfindings
one
witness
estimated
content
comes
overseas
copa
prevent
minors
access
foreign
harmful
materials
alone
makes
possible
filtering
software
might
effective
serving
congress
goals
effectiveness
likely
diminish
even
copa
upheld
providers
materials
covered
statute
simply
move
operations
overseas
answer
say
copa
reaches
amount
materials
harmful
minors
question
whether
reach
less
restrictive
alternatives
addition
district
found
verification
systems
may
subject
evasion
circumvention
example
minors
credit
cards
see
finally
filters
also
may
effective
applied
forms
internet
communication
including
communications
available
via
world
wide
web
filtering
software
may
well
effective
copa
confirmed
findings
commission
child
online
protection
commission
created
congress
copa
congress
directed
commission
evaluate
relative
merits
different
means
restricting
minors
ability
gain
access
harmful
materials
internet
note
following
unambiguously
found
filters
effective
requirements
see
commission
child
online
protection
copa
report
congress
assigning
score
effectiveness
filters
filters
compared
independent
verification
credit
card
verification
thus
government
failed
carry
burden
showing
district
proposed
alternative
less
effective
also
government
commission
appointed
consider
question
concluded
opposite
finding
supports
conclusion
district
abuse
discretion
enjoining
statute
filtering
software
course
perfect
solution
problem
children
gaining
access
materials
may
block
materials
harmful
minors
fail
catch
see
supp
whatever
deficiencies
filters
however
government
failed
introduce
specific
evidence
proving
existing
technologies
less
effective
restrictions
copa
district
made
specific
factfinding
evidence
presented
percentage
time
blocking
filtering
technology
underinclusive
ibid
absence
showing
relative
effectiveness
copa
alternatives
proposed
respondents
abuse
discretion
district
grant
preliminary
injunction
government
burden
merely
show
proposed
less
restrictive
alternative
flaws
burden
show
less
effective
reno
enough
government
show
copa
effect
respondents
bear
burden
introduce
offer
introduce
evidence
proposed
alternatives
effective
government
burden
show
less
government
failed
carry
burden
abuse
discretion
district
grant
preliminary
injunction
one
argument
contrary
worth
mentioning
argument
filtering
software
available
alternative
congress
may
require
used
argument
carries
little
weight
congress
undoubtedly
may
act
encourage
use
filters
held
congress
give
strong
incentives
schools
libraries
use
american
library
inc
also
take
steps
promote
development
industry
use
parents
incorrect
reason
say
filters
part
current
regulatory
status
quo
need
parental
cooperation
automatically
disqualify
proposed
less
restrictive
alternative
playboy
entertainment
group
assume
plausible
less
restrictive
alternative
ineffective
presume
parents
given
full
information
fail
act
enacting
copa
congress
said
goal
prevent
widespread
availability
internet
providing
opportunities
minors
access
materials
world
wide
web
manner
frustrate
parental
supervision
control
congressional
findings
note
following
quoting
pub
tit
xiv
stat
copa
presumes
parents
lack
ability
monitor
children
see
enacting
programs
promote
use
filtering
software
congress
give
parents
ability
without
subjecting
protected
speech
severe
penalties
closest
precedent
general
point
decision
playboy
entertainment
group
playboy
entertainment
group
like
case
involved
restriction
designed
protect
minors
viewing
harmful
materials
choice
blanket
speech
restriction
specific
technological
solution
available
parents
chose
implement
absent
showing
proposed
less
restrictive
alternative
effective
concluded
restrictive
option
preferred
congress
survive
strict
scrutiny
reversing
record
silent
comparative
effectiveness
two
alternatives
instant
case
government
failed
show
point
proposed
less
restrictive
alternative
less
effective
reasoning
playboy
entertainment
group
holdings
force
precedents
require
us
affirm
preliminary
injunction
otherwise
less
first
amendment
commands
starch
constitutional
standards
sacrificed
accommodate
enforcement
choices
government
thomas
concurring
also
important
practical
reasons
let
injunction
stand
pending
full
trial
merits
first
potential
harms
reversing
injunction
outweigh
leaving
place
mistake
prosecution
likely
possibility
yet
affirmative
defense
available
speakers
may
rather
risk
perils
trial
potential
extraordinary
harm
serious
chill
upon
protected
speech
cf
error
marking
line
exacts
extraordinary
cost
harm
done
letting
injunction
stand
pending
trial
merits
contrast
extensive
prosecutions
yet
undertaken
law
none
disrupted
injunction
stands
injunction
upheld
government
interim
enforce
obscenity
laws
already
books
second
substantial
factual
disputes
remaining
case
mentioned
serious
gap
evidence
effectiveness
filtering
software
see
supra
us
assume
without
proof
filters
less
effective
copa
usurp
district
factfinding
role
allowing
preliminary
injunction
stand
remanding
trial
require
government
shoulder
full
constitutional
burden
proof
respecting
less
restrictive
alternative
argument
rather
excuse
third
related
point
factual
record
reflect
current
technological
reality
serious
flaw
case
involving
internet
technology
internet
evolves
rapid
pace
yet
factfindings
district
entered
february
five
years
ago
since
certain
facts
internet
known
changed
compare
supp
million
internet
hosts
july
internet
systems
consortium
internet
domain
survey
http
visited
june
available
clerk
case
file
million
hosts
reasonable
assume
technological
developments
important
first
amendment
analysis
also
occurred
time
better
filtering
alternatives
may
exist
district
entered
findings
indeed
know
district
entered
factfindings
congressionally
appointed
commission
issued
report
found
filters
effective
verification
screens
see
supra
delay
time
district
makes
factfindings
time
case
reaches
inevitable
necessary
consequence
discrepancy
facts
found
facts
time
appellate
takes
question
see
benjamin
stepping
river
twice
rapidly
changing
facts
appellate
process
texas
rev
noting
problems
presented
appellate
courts
changing
facts
context
cases
involving
internet
giving
specific
example
decision
reno
mean
therefore
set
insuperable
obstacle
fair
review
however
usual
gap
doubled
case
appeals
twice
additional
two
years
might
make
difference
affirming
preliminary
injunction
remanding
trial
allow
parties
update
supplement
factual
record
reflect
current
technological
realities
remand
also
permit
district
take
account
changed
legal
landscape
since
district
made
factfindings
congress
passed
least
two
statutes
might
qualify
less
restrictive
alternatives
copa
prohibition
misleading
domain
names
statute
creating
dot
kids
domain
see
supra
remanding
trial
allow
district
take
account
additional
potential
alternatives
final
point
important
note
opinion
hold
congress
incapable
enacting
regulation
internet
designed
prevent
minors
gaining
access
harmful
materials
parties
conclusion
appeals
statute
definitions
rendered
unconstitutional
devote
attention
question
whether
evidence
might
introduced
relative
restrictiveness
effectiveness
alternatives
statute
remand
however
parties
able
introduce
evidence
point
opinion
foreclose
district
concluding
upon
proper
showing
government
meets
government
constitutional
burden
defined
opinion
copa
least
restrictive
alternative
available
accomplish
congress
goal
record
government
shown
less
restrictive
alternatives
proposed
respondents
disregarded
alternatives
indeed
may
effective
provisions
copa
district
abuse
discretion
entered
preliminary
injunction
judgment
appeals
affirmed
case
remanded
proceedings
consistent
opinion
ordered
john
ashcroft
attorney
general
petitioner
american
civil
liberties
union
et
al
writ
certiorari
appeals
third
circuit
june
justice
stevens
justice
ginsburg
joins
concurring
first
reviewed
constitutionality
child
online
protection
act
copa
appeals
held
statute
use
contemporary
community
standards
identify
materials
harmful
minors
serious
likely
fatal
defect
american
civil
liberties
union
reno
already
explained
length
agree
holding
see
ashcroft
american
civil
liberties
union
dissenting
opinion
context
internet
community
standards
become
sword
rather
shield
prurient
appeal
offensive
puritan
village
may
crime
post
world
wide
web
continue
believe
government
may
penalize
speakers
making
available
general
world
wide
web
audience
least
tolerant
communities
america
deem
unfit
children
consumption
cf
reno
american
civil
liberties
union
consider
principle
sufficient
basis
deciding
case
copa
use
community
standards
statute
constitutional
defect
today
decision
points
another
far
record
reveals
encouraging
deployment
controls
filtering
software
serve
congress
interest
protecting
minors
sexually
explicit
internet
materials
well
better
attempting
regulate
vast
content
world
wide
web
source
far
less
significant
cost
first
amendment
values
registering
agreement
analysis
wish
underscore
restrictive
copa
copa
restraint
dissemination
constitutionally
protected
speech
enforces
prohibitions
way
criminal
law
threatening
noncompliant
web
speakers
fine
much
term
imprisonment
long
six
months
offense
speakers
intentionally
violate
copa
punishable
fine
day
violation
ibid
implementation
various
mechanisms
described
statute
provides
affirmative
defense
even
full
compliance
copa
guarantee
freedom
prosecution
speakers
dutifully
place
content
behind
age
screens
may
nevertheless
find
forced
prove
lawfulness
speech
pain
criminal
conviction
cf
ashcroft
free
speech
coalition
criminal
prosecutions
view
inappropriate
means
regulate
universe
materials
classified
obscene
since
line
communications
blurred
identify
criminal
conduct
smith
stevens
dissenting
see
also
marks
stevens
concurring
part
dissenting
part
copa
creation
new
category
criminally
punishable
speech
harmful
minors
compounds
problem
may
justice
breyer
contends
statute
coverage
extends
slightly
beyond
legally
obscene
therefore
intrudes
little
realm
protected
expression
post
dissenting
opinion
even
justice
breyer
guidance
find
impossible
identify
far
past
already
territory
obscenity
thinks
statute
extends
attaching
criminal
sanctions
mistaken
judgment
contours
novel
nebulous
category
harmful
minors
speech
clearly
imposes
heavy
burden
exercise
first
amendment
freedoms
copa
criminal
penalties
moreover
strong
medicine
ill
statute
seeks
remedy
sure
cases
recognized
compelling
interest
protecting
minors
exposure
sexually
explicit
materials
see
ginsberg
new
york
parent
grandparent
endorse
goal
without
reservation
judge
however
must
confess
growing
sense
unease
interest
protecting
children
prurient
materials
invoked
justification
using
criminal
regulation
speech
substitute
simple
backup
adult
oversight
children
viewing
habits
view
gravity
burdens
copa
imposes
web
speech
possibility
congress
might
accomplished
goal
protecting
children
harmful
materials
less
drastic
means
matter
considered
special
care
observation
join
opinion
john
ashcroft
attorney
general
petitioner
american
civil
liberties
union
et
al
writ
certiorari
appeals
third
circuit
june
justice
scalia
dissenting
agree
justice
breyer
conclusion
child
online
protection
act
copa
constitutional
see
post
dissenting
opinion
justice
breyer
err
however
subjecting
copa
strict
scrutiny
nothing
first
amendment
entitles
type
material
covered
copa
exacting
standard
review
recognized
commercial
entities
engage
sordid
business
pandering
emphasiz
ing
sexually
provocative
aspects
nonobscene
products
order
catch
salaciously
disposed
engage
constitutionally
unprotected
behavior
playboy
entertainment
group
scalia
dissenting
quoting
ginzburg
see
also
los
angeles
alameda
books
scalia
concurring
dallas
scalia
concurring
part
dissenting
part
doubt
commercial
pornography
covered
copa
fits
description
statute
applies
person
regular
course
person
trade
business
objective
earning
profit
knowledge
character
material
communicates
material
depicts
certain
specified
sexual
acts
designed
appeal
designed
pander
prurient
interest
since
business
consistent
first
amendment
banned
entirely
copa
lesser
restrictions
raise
constitutional
concern
john
ashcroft
attorney
general
petitioner
american
civil
liberties
union
et
al
writ
certiorari
appeals
third
circuit
june
justice
breyer
chief
justice
justice
join
dissenting
child
online
protection
act
act
seeks
protect
children
exposure
commercial
pornography
placed
internet
requiring
commercial
providers
place
pornographic
material
behind
internet
screens
readily
accessible
adults
produce
age
verification
recognizes
care
invalidating
act
pointing
imperative
according
respect
congress
permit
us
depart
first
amendment
principles
ante
agree
generalities
like
subject
act
exacting
scrutiny
turner
broadcasting
system
fcc
requiring
government
show
restriction
nonobscene
expression
narrowly
drawn
compelling
interest
restriction
amounts
least
restrictive
means
available
interest
sable
communications
fcc
see
also
denver
area
ed
telecommunications
consortium
fcc
nonetheless
examination
burdens
act
imposes
protected
expression
act
ability
compelling
interest
proposed
less
restrictive
alternatives
convinces
wrong
accept
conclusion
congress
accomplished
statutory
objective
protecting
children
commercial
pornography
internet
less
restrictive
ways
although
rests
conclusion
upon
existence
less
restrictive
alternatives
must
first
examine
burdens
act
imposes
upon
protected
speech
term
less
restrictive
alternative
comparative
term
alternative
less
restrictive
work
less
first
amendment
harm
statute
time
similarly
furthering
compelling
interest
prompted
congress
enact
statute
unlike
majority
see
possible
make
comparative
determination
without
examining
extent
act
regulates
protected
expression
nature
burdens
imposes
expression
examination
suggests
act
properly
interpreted
imposes
burden
protected
speech
modest
act
definitions
limit
material
regulates
material
enjoy
first
amendment
protection
namely
legally
obscene
material
little
comparison
definition
unprotected
legally
obscene
material
act
definitions
makes
clear
material
legally
obscene
average
person
applying
contemporary
community
standards
find
work
taken
whole
appeals
prurient
interest
work
depicts
describes
patently
offensive
way
sexual
conduct
specifically
defined
applicable
state
law
work
taken
whole
lacks
serious
literary
artistic
political
scientific
value
miller
california
present
statute
defines
material
regulates
material
meets
following
criteria
average
person
applying
contemporary
community
standards
find
taking
material
whole
respect
minors
material
designed
appeal
designed
pander
prurient
interest
material
depicts
describes
represents
manner
patently
offensive
respect
minors
actual
simulated
sexual
act
sexual
contact
actual
simulated
normal
perverted
sexual
act
lewd
exhibition
genitals
female
breast
material
taken
whole
lacks
serious
literary
artistic
political
scientific
value
minors
emphasis
added
definitions
define
relevant
material
use
critical
terms
prurient
interest
lacks
serious
literary
artistic
political
scientific
value
insofar
material
appeals
panders
prurient
interest
simply
seeks
sexual
response
insofar
patently
offensive
material
serious
value
simply
seeks
response
seek
educate
seek
elucidate
views
sex
artistic
literary
compare
erznoznik
jacksonville
invalidating
ordinance
regulating
nudity
films
ban
confined
sexually
explicit
nudity
otherwise
limited
ginzburg
finding
unprotected
material
created
represented
sold
solely
claimed
instrument
sexual
stimulation
bring
miller
held
first
amendment
protect
material
fit
definition
significant
difference
present
statute
miller
definition
consists
addition
words
respect
minors
minors
addition
words
definition
otherwise
cover
obscenity
expands
statute
scope
slightly
material
question
potentially
harmful
young
children
must
first
appeal
prurient
interest
seek
sexual
response
group
adolescents
postadolescents
since
young
children
normally
respond
material
appeals
prurient
interest
group
adolescents
postadolescents
almost
inevitably
appeal
prurient
interest
group
adults
well
lack
serious
value
requirement
narrows
statute
yet
despite
presence
qualification
minors
one
easily
imagine
material
serious
literary
artistic
political
scientific
value
significant
group
adults
lacks
value
significant
group
minors
thus
statute
read
literally
insofar
extends
beyond
legally
obscene
reach
borderline
cases
take
words
statute
literally
consistent
congress
avowed
objective
enacting
law
namely
putting
material
produced
professional
pornographers
behind
screens
verify
age
viewer
see
hereinafter
bill
seeks
restrict
access
commercial
pornography
web
requiring
engaged
business
commercial
distribution
material
harmful
minors
take
certain
prescribed
steps
restrict
access
material
minors
pp
hereinafter
explaining
bill
aimed
sale
pornographic
materials
provides
defense
commercial
purveyors
pornography
bill
seeks
regulate
limitations
statute
scope
answer
many
concerns
raised
attack
constitutionality
respondents
fear
prosecution
internet
posting
material
fall
within
ute
ambit
limited
prurient
interest
serious
value
requirements
example
essay
young
man
experience
masturbation
ual
shame
serious
discussion
birth
control
practices
homosexuality
consequences
prison
rape
account
written
therapeutic
purposes
raped
guide
testicular
cancer
graphic
illustration
use
condom
postings
modern
literary
artistic
works
sions
sexual
identity
homosexuality
sexually
mitted
diseases
sex
education
safe
sex
let
alone
aldous
huxley
brave
new
world
salinger
catcher
rye
complaint
ken
starr
report
dal
see
dillard
shame
lodging
reno
american
civil
liberties
union
brief
respondents
citing
lodging
brief
american
society
journalists
authors
et
al
amici
curiae
referring
guide
medical
advice
site
citing
safer
sex
institute
complaint
lodging
mapplethorpe
photograph
referring
work
controversial
artist
robert
mapplethorpe
pl
exh
planetout
youth
message
boards
internet
discussion
board
gay
teens
declaration
adam
glickman
president
ceo
addazi
condomania
supp
lodging
petitioner
describing
web
site
used
health
education
declaration
roberta
spyer
president
publisher
describing
web
site
resource
obstetrics
gynecology
women
health
issues
brief
volunteer
lawyers
arts
et
al
amici
curiae
listing
works
literature
removed
schools
complaint
lodging
materials
designed
appeal
pander
prurient
interest
significant
groups
minors
lacking
serious
literary
artistic
political
scientific
value
significant
groups
minors
thus
fall
outside
statute
definition
material
restricts
fact
government
acknowledged
oral
argument
tr
oral
arg
found
nothing
elsewhere
statute
language
broadens
scope
qualifying
phrases
taking
material
whole
commercial
purposes
limit
statute
scope
still
requiring
example
individual
images
considered
context
see
roth
sum
act
definitions
limit
statute
scope
commercial
pornography
affects
unprotected
obscene
material
given
inevitable
uncertainty
characterize
material
apply
chill
production
limited
class
borderline
material
courts
might
ultimately
find
protected
examples
given
fall
outside
class
act
censor
material
covers
rather
requires
providers
harmful
minors
material
restrict
minors
access
verifying
age
inserting
screens
verify
age
using
credit
card
adult
personal
identification
number
similar
technology
see
way
act
requires
creation
internet
screen
minors
adults
find
difficult
bypass
recognize
screening
requirement
imposes
burden
adults
seek
access
regulated
material
well
providers
cost
part
monetary
parties
agreed
web
site
store
card
numbers
passwords
cents
per
number
american
civil
liberties
union
reno
supp
ed
verification
services
provide
free
verification
web
site
operators
charging
users
less
per
year
according
trade
association
commercial
pornographers
statute
target
use
verification
procedures
standard
practice
online
operations
see
legislative
proposals
protect
children
inappropriate
materials
internet
hearing
et
al
house
subcommittee
telecommunications
trade
consumer
protection
house
committee
commerce
prepared
statement
jeffrey
douglas
executive
director
chairman
free
speech
coalition
calling
proposed
mechanisms
effective
appropriate
addition
monetary
cost
despite
strict
requirements
identifying
information
kept
confidential
see
identification
requirements
inherent
may
lead
users
fear
embarrassment
see
supp
monetary
costs
potential
embarrassment
deter
potential
viewers
sense
statute
requirements
may
restrict
access
site
held
context
congressional
efforts
protect
children
restrictions
kind
automatically
violate
constitution
approved
use
see
american
library
plurality
opinion
constitution
guarantee
right
acquire
information
public
library
without
risk
embarrassment
cf
reno
concurring
judgment
part
dissenting
part
calling
requirement
similar
bouncer
checks
person
driver
license
admitting
nightclub
sum
act
imposes
modest
additional
burden
adult
access
legally
obscene
material
perhaps
imposing
similar
burden
access
protected
borderline
obscene
material
well
ii
turn
next
question
compelling
interest
protecting
minors
exposure
commercial
pornography
one
denies
interest
compelling
see
denver
area
ed
telecommunications
consortium
rather
question
whether
act
given
restrictions
adult
access
significantly
advances
interest
words
game
worth
candle
majority
argues
existence
blocking
filtering
software
ante
majority
refers
presence
software
less
restrictive
alternative
misnomer
misnomer
may
lead
reader
believe
need
look
see
blocking
filtering
software
less
restrictive
believe
one
sense
one
turn
software
end
constitutional
matter
reasoning
place
conceptually
speaking
presence
filtering
software
alternative
legislative
approach
problem
protecting
children
exposure
commercial
pornography
rather
part
status
quo
backdrop
congress
enacted
present
statute
always
true
definition
status
quo
less
restrictive
new
regulatory
law
always
less
restrictive
nothing
something
nothing
address
problem
congress
sought
address
namely
despite
availability
filtering
software
children
still
exposed
harmful
material
internet
thus
relevant
constitutional
question
question
asks
less
restrictive
nothing
course
rather
relevant
question
posits
comparison
status
quo
includes
filtering
software
change
status
quo
adds
screen
requirement
given
existence
filtering
software
problem
congress
identified
remain
significant
act
help
address
questions
relation
act
compelling
interest
act
compared
status
quo
significantly
advance
ball
affirmative
answer
questions
justify
ny
restriction
speech
claims
ante
final
answer
respect
constitutionality
must
take
account
burdens
alternatives
well
answers
intermediate
questions
clear
filtering
software
presently
available
solve
child
protection
problem
suffers
four
serious
inadequacies
prompted
congress
pass
legislation
instead
relying
voluntary
use
first
filtering
faulty
allowing
pornographic
material
pass
without
hindrance
last
year
american
library
justice
stevens
described
fundamental
defects
filtering
software
available
available
foreseeable
future
dissenting
opinion
pointed
problem
underblocking
software
relies
key
words
phrases
block
undesirable
sites
capacity
exclude
precisely
defined
category
images
ibid
say
absence
words
software
alone
distinguish
obscene
pictorial
image
venus
de
milo
member
disagreed
second
filtering
software
costs
money
every
family
necessary
install
see
supp
way
contrast
age
screening
costs
less
see
supra
citing
costs
cents
per
password
per
user
identification
number
third
filtering
software
depends
upon
parents
willing
decide
children
surf
web
able
enforce
decision
millions
american
families
reasonable
possibility
million
school
age
children
parents
sole
parent
work
force
least
million
children
left
alone
home
without
supervision
week
many
children
spend
afternoons
evenings
friends
may
well
access
computers
lenient
parents
see
playboy
entertainment
group
breyer
dissenting
fourth
software
blocking
lacks
precision
result
wish
use
screen
pornography
find
blocks
great
deal
material
valuable
justice
stevens
pointed
software
reliance
words
identify
undesirable
sites
necessarily
results
blocking
thousands
pages
contain
content
completely
innocuous
adults
minors
rational
person
conclude
matches
filtering
companies
category
definitions
pornography
sex
american
library
supra
internal
quotation
marks
citations
omitted
indeed
american
civil
liberties
union
aclu
one
respondents
told
congress
filtering
software
block
valuable
protected
information
information
quaker
religion
web
sites
including
american
association
university
women
aids
quilt
town
hall
political
site
run
family
resource
center
christian
coalition
conservative
groups
hearing
internet
indecency
senate
committee
commerce
science
transportation
software
simply
incapable
discerning
constitutionally
protected
unprotected
speech
inappropriately
blocks
valuable
protected
speech
effectively
block
sites
intended
block
citing
reports
documenting
overblocking
nothing
district
record
suggests
contrary
respondent
offered
produce
evidence
trial
contrary
party
suggested
example
technology
allowing
filters
interpret
discern
among
images
suddenly
become
become
widely
available
indeed
concedes
iltering
software
course
perfect
solution
problem
ante
sum
filtering
software
status
quo
means
filtering
underblocks
imposes
cost
upon
family
uses
fails
screen
outside
home
lacks
precision
thus
congress
reasonably
conclude
system
relies
entirely
upon
use
software
effective
system
law
adds
system
screen
requirement
significantly
increases
system
efficacy
say
modest
additional
cost
adults
wish
obtain
access
screened
program
law
bring
better
precise
blocking
inside
outside
home
response
pornographic
material
may
foreign
origin
beside
point
ante
citing
district
findings
even
assuming
believe
unrealistically
foreign
originators
refuse
use
screening
act
make
difference
respect
internet
commercial
pornography
call
difference
insignificant
upshot
congress
reasonably
conclude
despite
current
availability
filtering
software
child
protection
problem
exists
also
conclude
precisely
targeted
regulatory
statute
adding
requirement
narrow
range
material
effectively
shield
children
commercial
pornography
justification
sufficient
lower
courts
thought
courts
interpreted
act
imposing
far
modest
burden
assumed
interpretation
statute
reached
far
beyond
legally
obscene
material
affecting
material
given
interpretation
set
forth
fall
well
outside
act
scope
must
interpret
act
save
destroy
nlrb
jones
laughlin
steel
interpreted
see
supra
act
imposes
far
lesser
burden
access
protected
material
given
modest
nature
burden
likelihood
act
significantly
congress
compelling
objective
act
may
well
satisfy
first
amendment
stringent
tests
cf
sable
communications
indeed
satisfy
first
amendment
unless
course
genuine
alternative
less
restrictive
way
similarly
objective
iii
turn
actual
less
restrictive
alternatives
proposes
proposes
two
real
alternatives
two
potentially
less
restrictive
ways
congress
might
alter
status
quo
order
achieve
compelling
objective
first
government
might
act
encourage
use
blocking
filtering
software
ante
problem
argument
rests
upon
alternative
proves
much
one
imagines
enough
government
resources
devoted
problem
perhaps
additional
scientific
advances
course
use
software
might
become
effective
less
restrictive
obviously
government
give
parents
schools
internet
cafes
free
computers
filtering
programs
already
installed
hire
federal
employees
train
parents
teachers
use
devote
millions
dollars
development
better
software
result
might
alternative
extremely
effective
constitution
require
government
disprove
existence
magic
solutions
solutions
put
general
terms
solve
problem
less
restrictively
equal
effectiveness
otherwise
undoubted
ability
lawyers
judges
constrained
budgetary
worries
practical
parameters
within
congress
must
operate
imagine
kind
slightly
less
drastic
restrictive
approach
make
impossible
write
laws
deal
harm
called
statute
playboy
entertainment
group
concurring
opinion
perhaps
party
argued
seriously
additional
expenditure
government
funds
encourage
use
screening
less
restrictive
alternative
second
majority
suggests
decriminalizing
statute
noting
chilling
effect
criminalizing
category
speech
ante
remove
major
sanction
however
make
statute
less
effective
virtually
definition
iv
conclusion
act
properly
interpreted
risks
imposition
minor
burdens
protected
material
burdens
adults
wishing
view
material
may
overcome
modest
cost
time
significantly
helps
achieve
compelling
congressional
goal
protecting
children
exposure
commercial
pornography
serious
practically
available
less
restrictive
way
similarly
compelling
interest
hence
act
constitutional
holding
raises
two
general
questions
first
happened
constructive
discourse
courts
legislatures
integral
admirable
part
constitutional
design
blakely
washington
ante
kennedy
dissenting
eight
years
legislative
effort
two
statutes
three
cases
sends
case
back
district
proceedings
proceedings
found
offer
either
party
present
relevant
evidence
remains
litigated
know
says
parties
may
introduce
evidence
relative
restrictiveness
effectiveness
alternatives
statute
ante
understand
new
evidence
might
consist
moreover
congress
passed
current
statute
response
decision
reno
striking
earlier
statutory
effort
deal
problem
ante
congress
read
reno
care
dedicated
task
drafting
statute
meet
every
criticism
predecessor
statute
set
forth
reno
incorporated
language
precedents
particularly
miller
standard
virtually
verbatim
compare
created
believed
statute
protect
children
exposure
obscene
professional
pornography
without
obstructing
adult
access
material
first
amendment
protects
see
explaining
bill
carefully
drafted
respond
decision
reno
else
congress
supposed
recognize
members
past
taken
view
first
amendment
simply
permit
congress
legislate
area
see
ginzburg
black
dissenting
federal
government
without
power
whatever
constitution
put
type
burden
speech
expression
ideas
kind
others
believe
amendment
permit
congress
legislate
certain
ways
imposition
criminal
penalties
obscenity
see
ante
stevens
concurring
strong
constitutional
arguments
favoring
views
adopt
views
instead
finds
government
proved
nonexistence
less
restrictive
alternatives
finding
appropriate
universally
appropriate
universally
appropriate
denies
congress
practice
legislative
leeway
language
seem
promise
statute
pass
less
restrictive
alternative
test
nothing
say
clearly
explained
believe
first
amendment
permits
alternative
holding
construe
statute
narrowly
tried
removing
nearly
protected
material
scope
reconcile
language
first
amendment
demands
save
statute
destroy
nlrb
process
permit
congress
achieve
basic
objectives
second
majority
holding
practice
mean
greater
lesser
protection
expression
find
answer
question
obvious
decision
removes
important
weapon
prosecutorial
arsenal
weapon
given
government
choice
choice
ban
totally
nothing
act
tells
government
instead
prosecuting
bans
obscenity
maximum
extent
possible
respondents
urged
yet
another
alternative
insist
make
available
material
obscene
close
obscene
keep
material
wraps
making
readily
available
adults
wish
see
restricting
access
children
providing
third
option
middle
way
act
avoids
need
potentially
prosecutions
matters
world
obscene
nonobscene
come
tied
neatly
separate
easily
distinguishable
packages
real
world
middle
way
might
well
furthered
first
amendment
interests
tempering
prosecutorial
instinct
borderline
cases
least
congress
might
believed
likelihood
first
amendment
perspective
might
ultimately
proved
protective
rights
viewers
retain
access
expression
choice
available
prosecutors
wake
majority
opinion
reasons
dissent