reno attorney general et al american civil argued march decided june held cda indecent transmission patently offensive display provisions abridge freedom speech protected first amendment pp although cda vagueness relevant first amendment overbreadth inquiry judgment affirmed without reaching fifth amendment issue close look precedents relied government ginsberg new york fcc pacifica foundation renton playtime theatres raises rather relieves doubts cda constitutionality cda differs various laws orders upheld cases many ways including allow parents consent children use restricted materials limited commercial transactions fails provide definition indecent omits requirement patently offensive material lack socially redeeming value neither limits broad categorical prohibitions particular times bases evaluation agency familiar medium unique characteristics punitive applies medium unlike radio receives full first amendment protection properly analyzed form time place manner regulation content based blanket restriction speech precedents require uphold cda fully consistent application stringent review provisions pp special factors recognized cases justifying regulation broadcast media history extensive government regulation broadcasting see red lion broadcasting fcc scarcity available frequencies inception see turner broadcasting system fcc invasive nature see sable communications fcc present cyberspace thus cases provide basis qualifying level first amendment scrutiny applied internet pp regardless whether cda vague violates fifth amendment many ambiguities concerning scope coverage render problematic first amendment purposes instance use undefined terms indecent patently offensive provoke uncertainty among speakers twostandards relate mean vagueness content based regulation see gentile state bar coupled increased deterrent effect criminal statute see dombrowski pfister raise special first amendment concerns obvious chilling effect free speech contrary government argument cda saved vagueness fact patently offensive standard repeats second part three prong obscenity test set forth miller california second miller prong reduces inherent vagueness patently offensive term requiring proscribed material specifically defined applicable state law addition cda applies sexual conduct whereas cda prohibition extends also excretory activities organs sexual excretory nature miller two prongs also critically limits uncertain sweep obscenity definition definition including three limitations vague follow one limitations standing alone vague cda vagueness undermines likelihood carefully tailored congressional goal protecting minors potentially harmful materials pp cda lacks precision first amendment requires statute regulates content speech although government interest protecting children potentially harmful materials see ginsberg cda pursues interest suppressing large amount speech adults constitutional right send receive see sable supra breadth wholly unprecedented cda burden adult speech unacceptable less restrictive alternatives least effective achieving act legitimate purposes see sable government proved otherwise hand district found currently available user based software suggests reasonably effective method parents prevent children accessing material parents believe inappropriate soon widely available moreover arguments referred possible alternatives requiring indecent material tagged facilitate parental control making exceptions messages artistic educational value providing tolerance parental choice regulating portions internet differently others particularly light absence detailed congressional findings even hearings addressing cda special problems persuaded cda narrowly tailored pp government three additional arguments sustaining cda affirmative prohibitions rejected first contention act constitutional leaves open ample alternative channels communication unpersuasive cda regulates speech basis content time place manner analysis inapplicable see consolidated edison public serv second assertion cda knowledge specific person requirements significantly restrict permissible application communications persons sender knows untenable given internet forums open comers even strongest reading specific person requirement confer broad powers censorship form heckler veto upon opponent indecent speech finally textual support submission material scientific educational redeeming social value necessarily fall outside cda prohibitions pp defenses constitute sort narrow tailoring save cda government argument transmitters may take protective good faith actio tagging indecent communications way indicate contents thus permitting recipients block reception appropriate software illusory given requirement action effective proposed screening software currently exist even way knowing whether potential recipient actually block encoded material government also failed prove verification defense significantly reduce cda heavy burden adult speech although verification actually used commercial providers sexually explicit material district findings indicate economically feasible noncommercial speakers pp government argument preserve cda constitutionality honoring severability clause construing nonseverable terms narrowly acceptable one respect obscene speech may banned totally see miller supra restriction obscene material enjoys textual manifestation separate indecent material sever term indecent statute leaving rest standing pp government argument significant interest fostering internet growth provides independent basis upholding cda constitutionality singularly unpersuasive dramatic expansion new forum contradicts factual basisunderlying contention unregulated availability indecent patently offensive material driving people away internet supp affirmed stevens delivered opinion scalia kennedy souter thomas ginsburg breyer joined filed opinion concurring judgment part dissenting part rehnquist joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press janet reno attorney general et appellants american civil liberties union et al appeal district eastern district pennsylvania june justice stevens delivered opinion issue constitutionality two statutory provisions enacted protect minors indecent patently offensive communications internet notwithstanding legitimacy importance congressional goal protecting children harmful materials agree three judge district statute abridges freedom speech protected first amendment district made extensive findings fact based detailed stipulation prepared parties see supp ed findings describe character dimensions internet availability ofsexually explicit material medium problems confronting age verification recipients internet communications findings provide underpinnings legal issues begin summary undisputed facts internet internet international network interconnected computers outgrowth began military program called arpanet designed enable computers operated military defense contractors universities conducting defense related research communicate one another redundant channels even portions network damaged war arpanet longer exists provided example development number civilian networks eventually linking enable tens millions people communicate one another access vast amounts information around world internet unique wholly new medium worldwide human communication internet experienced extraordinary growth number host computers store information relay communications increased approximately time trial roughly hosts located million people used internet time trial number expected mushroom million individuals obtain access internet frommany different sources generally hosts entities host affiliation colleges universities provide access students faculty many corporations provide employees access office network many communities local libraries provide free access increasing number storefront computer coffee shops provide access small hourly fee several major national online services america online compuserve microsoft network prodigy offer access extensive proprietary networks well link much larger resources internet commercial online services almost million individual subscribers time trial anyone access internet may take advantage wide variety communication information retrieval methods methods constantly evolving difficult categorize precisely presently constituted relevant case electronic mail mail automatic mailing list services mail exploders sometimes referred listservs newsgroups chat rooms world wide web methods used transmit text transmit sound pictures moving video images taken together tools constitute unique medium known users cyberspace located particular geographical location available anyone anywhere world access internet mail enables individual send electronic message generally akin note letter another individual group addressees message generally stored electronically sometimes waiting recipient check mailbox sometimes making receipt known type prompt mail exploder sort mail group subscribers send messages common mail address forwards message group also serve groups regular participants postings may read others well thousands groups serving foster exchange information opinion particular topic running gamut say music wagner balkan politics aids prevention chicago bulls new messages posted every day newsgroups postings automatically purged regular intervals addition posting message read later two individuals wishing communicate immediately enter chat room engage real time dialogue words typing messages one another appear almost immediately others computer screens district found given time tens thousands users engaging conversations huge range subjects exaggeration conclude content internet diverse human thought best known category communication internet world wide web allows users search retrieve information stored remote computers well cases communicate back designated sites concrete terms web consists vast number documents stored different computers world documents simply files containing information however elaborate documents commonly known web pages also prevalent address rather like telephone number web pages frequently contain information sometimes allow viewer communicate page site author generally also contain links otherdocuments created site author generally related sites typically links either blue underlined text sometimes images navigating web relatively straightforward user may either type address known page enter one keywords commercial search engine effort locate sites subject interest particular web page may contain information sought surfer links may avenue documents located anywhere internet users generally explore given web page move another clicking computer mouse one page icons links access web pages freely available allow access purchased right commercial provider web thus comparable readers viewpoint vast library including millions readily available indexed publications sprawling mall offering goods services publishers point view constitutes vast platform address hear world wide audience millions readers viewers researchers buyers person organization computer connected internet publish information publishers include government agencies educational institutions commercial entities advocacy groups individuals publishers may either make material available entire pool internet users confine access selected group willing pay privilege single organization controls membership web centralized point individual web sites services blocked web sexually explicit material sexually explicit material internet includes text pictures chat extends modestly titillating hardest core files created named posted manner material sexually explicit may accessed either deliberately unintentionally course imprecise search provider posts content internet prevent content entering community thus example museum photography posts web site nudes edward weston robert mapplethorpe announce new exhibit travel baltimore new york city images available los angeles baltimore new york city also cincinnati mobile beijing wherever internet users live similarly safer sex instructions critical path posts web site written street language teenage receiver understand available philadelphia also provo prague though material widely available users seldomencounter content accidentally document title description document usually appear document many cases user receive detailed information site content need take step access document almost sexually explicit images preceded warnings content reason odds slim user enter sexually explicit site accident unlike communications received radio television receipt information internet requires series affirmative steps deliberate directed merely turning dial child requires sophistication ability read retrieve material thereby use internet unattended systems developed help parents control material may available home computer internet access system may either limit computer access approved list sources identified containing adult material may block designated inappropriate sites may attempt block messages containing identifiable objectionable features although parental control software currently screen certain suggestive words known sexually explicit sites screen sexually explicit images nevertheless evidence indicates reasonably effective method parents prevent children accessing sexually explicit material parents may believe inappropriate children soon available age verification problem age verification differs different uses internet district categorically determined effective way determine identity age user accessing material mail mail exploders newsgroups chat rooms government offered evidence reliable way screen recipients participants fora age moreover even technologically feasible block minors access newsgroups chat rooms containing discussions art politics subjects potentially elicit indecent patently offensive contributions possible block access material still allow access remaining content even overwhelming majority content indecent technology exists operator web site may condition access verification requested information credit card number adult password credit card verification feasible however either connection commercial transaction card used payment averification agency using credit card possession surrogate proof age impose costs non commercial web sites require many shut reason time trial credit card verification effectively unavailable substantial number internet content providers finding moreover imposition requirement completely bar adults credit card lack resources obtain one accessing blocked material commercial pornographic sites charge users access assigned passwords method age verification record contain evidence concerning reliability technologies even passwords effective commercial purveyors indecent material district found adult password requirement impose significant burdens noncommercial sites discourage users accessing sites cost creating maintaining screening systems beyond reach sum district found even credit card verification adult password verification implemented government presented testimony systems ensure user password credit card fact burdens imposed credit card verification adult password verification systems make effectively unavailable substantial number internet content providers ibid finding first supp prohibits knowing transmission obscene indecent messages recipient years age provides pertinent part whoever means telecommunications device knowingly ii initiates transmission comment request suggestion proposal image communication obscene indecent knowing recipient communication years age regardless whether maker communication placed call initiated communication knowingly permits telecommunications facility control used activity prohibited paragraph intent used activity second provision prohibits knowing sending displaying patently offensive messages manner available person years age provides whoever interstate foreign communications knowingly uses interactive computer service send specific person persons years age uses interactive computer service display manner available person years age knowingly permits telecommunications facility person control used activity prohibited paragraph intent used activity breadth prohibitions qualified two affirmative defenses see one covers take good faith reasonable effective appropriate actions restrict access minors prohibited communications covers restrict access covered material requiring certain designated forms age proof verified credit card adult identification number code february immediately presidentsigned statute plaintiffs filed suit attorney general department justice challenging constitutionality week later based conclusion term indecent vague provide basis criminal prosecution district judge buckwalter entered temporary restraining order enforcement ii insofar applies indecent communications second suit filed additional plaintiffs two cases consolidated three judge district convened pursuant act evidentiary hearing entered preliminary injunction enforcement challenged provisions three judges wrote separate opinion judgment unanimous chief judge sloviter doubted strength government interest regulating vast range online material covered potentially covered cda acknowledged interest compelling respect material concluded nonetheless statute sweeps broadly necessary thereby chills expression adults terms patently offensive indecent inherently vague also determined affirmative defenses technologically economically feasible providers specifically considering rejecting argument providers avoid liability tagging material manner allow potential readers screen unwanted transmissions chief judge sloviter also rejected government suggestion scope statute narrowed construing apply commercial pornographers judge buckwalter concluded word indecent terms patently offensive context vague criminal enforcement either section violate fundamental constitutional principle simple fairness specific protections first fifth amendments found statutory basis government argument challenged provisions applied pornographic materials noting unlike obscenity indecency defined exclude works serious literary artistic political scientific value moreover government claim work must considered patently offensive context vague relevant context might refer among things nature communication whole time day conveyed medium used identity speaker whether accompanied appropriate warnings believed unique nature internet aggravated vagueness statute judge dalzell review special attributes internet communication disclosed evidence convinced first amendment denies congress power regulate content protected speech internet opinion explained length believed act abridge significant protected speech particularly noncommercial speakers erversely commercial pornographers remain relatively unaffected construed cases requiring medium specific approach analysis regulation mass communication concluded internet participatory form mass speech yet developed entitled highest protection governmental intrusion ibid judgment district enjoins government enforcing prohibitions insofar relate indecent communications expressly preserves government right investigate prosecute obscenity child pornography activities prohibited therein injunction enforcement unqualified provisions contain separate reference obscenity child pornography government appealed act special review provisions stat noted probable jurisdiction see appeal government argues district erred holding cda violated first amendment overbroad fifth amendment vague discuss vagueness cda relevance first amendment overbreadth inquiry conclude judgment affirmed without reaching fifth amendment issue begin analysis reviewing principal authorities government relies describing overbreadth cda consider government specific contentions including submission save portions statute either severance fashioning judicial limitations scope coverage arguing reversal government contends cda plainly constitutional three ofour prior decisions ginsberg new york fcc pacifica foundation renton playtime theatres close look cases however raises rather relieves doubts concerning constitutionality cda ginsberg upheld constitutionality new york statute prohibited selling minors years age material considered obscene even obscene adults rejected defendant broad submission scope constitutional freedom expression secured citizen read see material concerned sex made depend whether citizen adult minor rejecting contention relied state independent interest well youth also consistent recognition principle parents claim authority household direct rearing children basic structure society four important respects statute upheld ginsberg narrower cda first noted ginsberg prohibition sales minors bar parents desire purchasing magazines children cda contrast neither parents consent even participation communication avoid application statute second newyork statute applied commercial transactions whereas cda contains limitation third new york statute cabined definition material harmful minors requirement utterly without redeeming social importance minors cda fails provide us definition term indecent used importantly omits requirement patently offensive material covered lack serious literary artistic political scientific value fourth new york statute defined minor person age whereas cda applying years includes additional year nearest majority pacifica upheld declaratory order federal communications commission holding broadcast recording monologue entitled filthy words previously delivered live audience subject administrative sanctions internal quotations omitted commission found repetitive use certain words referring excretory sexual activities organs afternoon broadcast children audience patently offensive concluded monologue indecent broadcast respondent quarrel finding afternoon broadcast patently offensive contended indecent within meaning relevant statutes contained prurient appeal rejecting respondent statutory arguments confronted two constitutional arguments commission construction authority ban indecent speech broad order set aside even thebroadcast issue unprotected since recording obscene first amendment forbade abridgement right broadcast radio portion lead opinion joined justices powell blackmun plurality stated first amendment prohibit governmental regulation depends content speech accordingly availability constitutional protection vulgar offensive monologue obscene depended context broadcast relying premise forms communication broadcasting received limited first amendment protection concluded ease children may obtain access broadcasts coupled concerns recognized ginsberg justified special treatment indecent broadcasting new york statute issue ginsberg significant differences order upheld pacifica cda first order pacifica issued agency regulating radio stations decades targeted specific broadcast represented rather dramatic departure traditional program content order designate rather whether permissible air program particular medium cda broad categorical prohibitions limited particular times dependent evaluation agency familiar unique characteristics internet second unlike cda commission declaratory order punitive expressly refused decide whether indecent broadcast justify criminal prosecution finally commission order applied medium matter history received limited first amendment protection large part warnings adequately protect listener unexpected program content internet however comparable history moreover district found risk encountering indecent material accident remote series affirmative steps required access specific material renton upheld zoning ordinance kept adult movie theatres residential neighborhoods ordinance aimed content films shown theaters rather secondary effects crime deteriorating property values theaters fostered th secondary effect zoning ordinances attempt avoid dissemination offensive speech quoting young american mini theatres according government cda constitutional constitutes sort cyberzoning internet cda applies broadly entire universe cyberspace purpose cda protect children primary effects indecent patently offensive speech rather secondary effect speech thus cda content based blanket restriction speech properly analyzed form time place manner regulation see also boos barry regulations focus direct impact speech audience properly analyzed renton forsyth county nationalist movement listeners reaction speech content neutral basis regulation precedents surely require us uphold cda fully consistent application stringent review provisions southeastern promotions conrad observed ach medium expression may present problems thus cases recognized special justifications regulation broadcast media applicable speakers see red lion broadcasting fcc fcc pacifica foundation cases relied history extensive government regulation broadcast medium see red lion scarcity available frequencies inception see turner broadcasting system fcc invasive nature see sable communications fcc factors present cyberspace neither enactment cda vast democratic fora internet subject type government supervision regulation attended broadcast industry moreover internet invasive radio television district specifically found ommunications internet invade individual home appear one computer screen unbidden users seldom encounter content accident finding also found lmost sexually explicit images preceded warnings content cited testimony odds slim user come across sexually explicit sight accident ibid distinguished pacifica sable basis sable company engaged business offering sexually oriented prerecorded telephone messages popularly known dial porn challenged constitutionality amendment communications act imposed blanket prohibition indecent well obscene interstate commercial telephone messages held statute constitutional insofar applied obscene messages invalid applied indecent messages attempting justify complete ban criminalization indecent commercial telephone messages government relied pacifica arguing ban necessary prevent children gaining access messages agreed compelling interest protecting physical psychological well minors extended shielding indecent messages obscene adult standards distinguished emphatically narrow holding pacifica involve complete ban involved different medium communication explained dial medium requires listener take affirmative steps receive communication placing telephone call continued turning radio taken surprise indecent message finally unlike conditions prevailed congress first authorized regulation broadcast spectrum internet hardly considered scarce expressive commodity provides relatively unlimited low cost capacity communication allkinds government estimates many million people use internet today figure expected grow million dynamic multifaceted category communication includes traditional print news services also audio video still images well interactive real time dialogue use chat rooms person phone line become town crier voice resonates farther soapbox use web pages mail exploders newsgroups individual become pamphleteer district found content internet diverse human thought finding agree conclusion cases provide basis qualifying level first amendment scrutiny applied medium regardless whether cda vague violates fifth amendment many ambiguities concerning scope coverage render problematic purposes first amendment instance two parts cda uses different linguistic form first uses word indecent supp second speaks material context depicts describes terms patently offensive measured contemporary community standards sexual excretory activities organs given absence definition either term difference language provokeuncertainty among speakers two standards relate mean spe aker confidently assume serious discussion birth control practices homosexuality first amendment issues raised appendix pacifica opinion consequences prison rape violate cda uncertainty undermines likelihood cda carefully tailored congressional goal protecting minors potentially harmful materials vagueness cda matter special concern two reasons first cda content based regulation speech vagueness regulation raises special first amendment concerns obvious chilling effect free speech see gentile state bar second cda criminal statute addition opprobrium stigma criminal conviction cda threatens violators penalties including two years prison act violation severity criminal sanctions may well cause speakers remain silent rather communicate even arguably unlawful words ideas images see dombrowski pfister practical matter increased deterrent effect coupled risk discriminatory enforcement vague regulations poses greater first amendment concerns implicated civil regulation reviewed denver area ed telecommunications consortium fcc government argues statute vague obscenity standard established miller california miller reviewed criminal conviction commercial vendor mailed brochures containing pictures sexually explicit activities individuals requested materials struggled time establish definition obscenity set forth miller test obscenity controls day whether average person applying contemporary community standards find work taken whole appeals prurient interest whether work depicts describes patently offensive way sexual conduct specifically defined applicable state law whether work taken whole lacks serious literary artistic political scientific value internal quotation marks citations omitted government assertion incorrect matter fact second prong miller test purportedly analogous standard contains critical requirement omitted cda proscribed material specifically defined applicable state law requirement reduces vagueness inherent open ended term patently offensive used cda moreover miller definition limited sexual conduct whereas cda extends also include excretory activities well organs sexual excretory nature government reasoning also flawed definition including three limitations vague follow one limitations standing vague miller additional two prongs taken whole material appeal prurient interest lac serious literary artistic political scientific value critically limits uncertain sweep obscenity definition second requirement particularly important unlike patently offensive prurient interest criteria judged contemporary community standards see pope illinois societal value requirement absent cda allows appellate courts impose limitations regularity definition setting matter law national floor socially redeeming value government contention courts able give legal limitations cda standards belied miller rationale juries determine whether material patently offensive according community standards questions essentially ones fact contrast miller previous cases cda thus presents greater threat censoring speech fact falls outside statute scope given vague contours coverage statute unquestionably silences speakers whose messages entitled constitutional protection danger provides reason insisting statute overly broad cda burden protected speech justified avoided carefully drafted statute persuaded cda lacks precision first amendment requires statute regulates content speech order deny minors access potentially harmful speech cda effectively suppresses large amount speech adults constitutional right receive address one another burden adult speech unacceptable less restrictive alternatives least effective achieving legitimate purpose statute enacted serve evaluating free speech rights adults made perfectly clear exual expression indecent obscene protected first amendment sable see also carey population services obscenity involved consistentlyheld fact protected speech may offensive justify suppression indeed pacifica admonished fact society may find speech offensive sufficient reason suppressing true repeatedly recognized governmental interest protecting children harmful materials see ginsberg pacifica interest justify unnecessarily broad suppression speech addressed adults explained government may reduc adult population fit children denver slip internal quotation marks omitted quoting sable egardless strength government interest protecting children level discourse reaching mailbox simply limited suitable sandbox bolger youngs drug products district correct conclude cda effectively resembles ban dial porn invalidated sable sable rejected argument defer congressional judgment nothing less total ban effective preventing enterprising youngsters gaining access indecent communications sable thus made clear mere fact statutory regulation speech enactedfor important purpose protecting children exposure sexually explicit material foreclose inquiry validity pointed last term inquiry embodies arching commitment make sure congress designed statute accomplish purpose without imposing unnecessarily great restriction speech denver slip arguing cda diminish adult communication government relies incorrect factual premise prohibiting transmission whenever known one recipients minor interfere adult adult communication findings district make clear premise untenable given size potential audience messages absence viable age verification process sender must charged knowing one minors likely view knowledge instance one members person chat group minor therefore crime send group indecent message surely burden communication among adults district found time trial existing technology include effective method sender prevent minors obtaining access communications internet without also denying access adults found effective way determine age user accessing material mail mail exploders newsgroups chat rooms findings practical matter also found prohibitively expensive noncommercial well commercial speakers web sites verify users adults findings limitations must inevitably curtail significant amount adult communication internet contrast district found espite limitations currently available user based software suggests reasonably effective method parents prevent children accessing sexually explicit material parents may believe inappropriate children soon widely available finding emphases added breadth cda coverage wholly unprecedented unlike regulations upheld ginsberg pacifica scope cda limited commercial speech commercial entities open ended prohibitions embrace nonprofit entities individuals posting indecent messages displaying computers presence minors general undefined terms indecent patently offensive cover large amounts nonpornographic material serious educational value moreover community standards criterion applied internet means communication available nation wide audience judged standards community likely offended message regulated subject matter includes seven dirty words used pacifica monologue use government expert acknowledged constitute felony see olsen tr vol may also extend discussions prison rape safe sexual practices artistic images include nude subjects arguably card catalogue carnegie library purposes decision need neither accept reject government submission first amendment forbid blanket prohibition indecent patently offensive messages communicated year old matter much valuethe message may contain regardless parental approval least clear strength government interest protecting minors equally strong throughout coverage broad statute cda parent allowing year old use family computer obtain information internet parental judgment deems appropriate face lengthy prison term see supp similarly parent sent year old college freshman information birth control via mail incarcerated even though neither child anyone home community found material indecent patently offensive college town community thought otherwise breadth content based restriction speech imposes especially heavy burden government explain less restrictive provision effective cda done arguments referred possible alternatives requiring indecent material tagged way facilitates parental control material coming homes making exceptions messages artistic educational value providing tolerance parental choice regulating portions internet commercial web sites differently others chat rooms particularly light absence detailed findings congress even hearings addressing special problems cda persuaded cda narrowly tailored requirement meaning attempt curtail cda facial overbreadth government advances three additional arguments sustaining act affirmative prohibitions thatthe cda constitutional leaves open ample alternative channels communication plain meaning act knowledge specific person requirement significantly restricts permissible applications act prohibitions almost always limited material lacking redeeming social value government first contends even though cda effectively censors discourse many internet modalities chat groups newsgroups mail exploders nonetheless constitutional provides reasonable opportunity speakers engage restricted speech world wide web brief appellants argument unpersuasive cda regulates speech basis content time place manner analysis therefore inapplicable see consolidated edison public serv thus immaterial whether speech feasible web government expert acknowledged cost speaker interests accommodated existing web site including costs database management age verification government position equivalent arguing statute ban leaflets certain subjects long individuals free publish books invalidating number laws banned leafletting streets regardless content explained one exercise liberty expression appropriate places abridged plea may exercised place schneider state town irvington government also asserts knowledge requirement especially coupled specific child element found saves cda overbreadth bothsections prohibit dissemination indecent messages persons known government argues require transmitters refrain communicating indecent material adults need refrain disseminating materials persons know brief appellants argument ignores fact internet fora including chat rooms newsgroups mail exploders web open comers government assertion knowledge requirement somehow protects communications adults therefore untenable even strongest reading specific person requirement save statute confer broad powers censorship form heckler veto upon opponent indecent speech might simply log inform discoursers year old child specific person years age supp present finally find textual support government submission material scientific educational redeeming social value necessarily fall outside cda patently offensive indecent prohibitions see also supra government three remaining arguments focus defenses provided first relying good faith reasonable effective appropriate actions provision government suggests tagging provides defense saves constitutionality act suggestion assumes transmitters may encode indecent communications way indicate contents thus permitting recipients block reception appropriatesoftware requirement good faith action must effective makes defense illusory government recognizes proposed screening software currently exist even way know whether potential recipient actually block encoded material without impossible knowledge every guardian america screening tag transmitter reasonably rely action effective second third arguments concerning defenses consider together government relies latter half applies transmitter restricted access requiring use verified credit card adult identification verification technologically available actually used commercial providers sexually explicit material providers therefore protected defense findings district however economically feasible noncommercial speakers employ verification accordingly defense significantly narrow statute burden noncommercial speech even respect commercial pornographers protected defense government failed adduce evidence verification techniques actually preclude minors posing adults given risk criminal sanctions hovers content provider like proverbial sword damocles district correctly refused rely unproven future technology save statute government thus failed prove theproffered defense significantly reduce heavy burden adult speech produced prohibition offensive displays agree district conclusion cda places unacceptably heavy burden protected speech defenses constitute sort narrow tailoring save otherwise patently invalid unconstitutional provision sable remarked speech restriction issue amounted burn ing house roast pig cda casting far darker shadow free speech threatens torch large segment internet community oral argument government relied heavily ultimate fall back position conclude cda insufficiently tailored urged save statute constitutionality honoring severability clause see construing nonseverable terms narrowly one respect argument acceptable severability clause requires textual provisions severed follow guidance leaving constitutional textual elements statute intact one place fact severable indecency provision supp applies comment request suggestion proposal image communication obscene indecent emphasis added appellees challenge application statute obscene speech acknowledge banned totally enjoys first amendment protection see miller set forth statute restriction obscene material enjoys textual manifestation separate indecent material held unconstitutional therefore willsever term indecent statute leaving rest standing respect however saved textual surgery government also draws additional less traditional aspect cda severability clause asks reviewing holds statute facially unconstitutional invalidate cda application persons circumstances might constitutionally permissible invokes admonition absent countervailing considerations statute declared invalid extent reaches far otherwise left intact brockett spokane arcades two flaws argument first statute grants jurisdiction expedited review supp limits jurisdictional grant actions challenging cda face consistent plaintiffs brought suit three judge panel decided treated facial challenge authority particular posture convert litigation applied challenge given vast array plaintiffs range expressive activities vagueness statute practicable limit holding judicially defined set specific applications second one countervailing considerations mentioned brockett present considering facial challenge may impose limiting construction statute readily susceptible construction virginia american bookseller see also erznoznik jacksonville readily subject narrowing construction open ended character cda provides guidance whatever limiting coverage case therefore unlike construed statute narrowly text source congressional intent identified clear line draw brockett invalidating obscenity statute extent word lust actually effectively excised statute grace invalidating federal statute banning expressive displays insofar extended public sidewalks clear line drawn sidewalks grounds comported congressional purpose protecting building grounds people therein rather decision treasury employees applicable case declined dra one lines categories speech covered overly broad statute congress sent inconsistent signals new line lines drawn involves far serious invasion legislative domain rewrite law conform constitutional requirements american booksellers though district government asserts addition interest protecting children qually significant interest fostering growth internet provides independent basis upholding constitutionality cda brief appellants government apparently assumes unregulated availability indecent patently offensive material internet driving countless citizens away medium risk exposing children harmful material find argument singularly unpersuasive dramatic expansion new marketplace ideas contradicts factual basis contention record demonstrates growth internet continues phenomenal matter constitutional tradition absence evidence contrary presume governmental regulation content speech likely interfere free exchange ideas encourage interest encouraging freedom expression democratic society outweighs theoretical unproven benefit censorship foregoing reasons judgment district affirmed ordered janet reno attorney general et appellants american civil liberties union et al appeal district eastern district pennsylvania june justice chief justice joins concurring judgment part dissenting part write separately explain view communications decency act cda little attempt congress create adult zones internet precedent indicates creation zones constitutionally sound despite soundness purpose however portions cda unconstitutional stray blueprint prior cases developed constructing zoning law passes constitutional muster appellees bring facial challenge three provisions cda first describes indecency transmission provision makes crime knowingly transmit obscene indecent message image person sender knows years old may classifies single patently offensive display provision see ante reality two separate provisions first makes crime knowingly send patently offensive message image specific person age specificperson provision second criminalizes display patently offensive messages images ny manner available minors display provision none provisions purports keep indecent patently offensive material away adults first amendment right obtain speech sable communications fcc sexual expression indecent obscene protected first amendment thus undeniable purpose cda segregate indecent material internet certain areas minors access see conf cda imposes access restrictions protect minors exposure indecent material creation adult zones means novel concept long denied minors access certain establishments frequented adults stateshave also denied minors access speech deemed harmful minors previously sustained zoning laws respect first amendment rights adults minors isto say zoning law valid unduly restrict adult access material ii minors first amendment right read view banned material applied internet exists display provision applications indecency transmission specific person provisions fail adhere first limiting principles restricting adults access protected materials certain circumstances unlike however invalidate provisions circumstances cases make clear zoning law valid adults still able obtain regulated speech law simply keep children away speech right obtain interferes rights adults obtain constitutionally protected speech effectively reduce adult population reading fit children butler michigan first amendment tolerate interference see striking michigan criminal law banning sale books minors adults contained words pictures tende corrup morals youth sable communications supra invalidating federal law made crime transmit indecent nonobscene commercial telephone messages minors adults bolger youngs drug products striking federal law prohibiting mailing unsolicited advertisements contraceptives law unduly restrict adults access constitutionally protected speech however may valid ginsberg new york example sustained new york law barred store owners selling pornographic magazinesto minors part adults still buy magazines ginsberg concluded new york law created constitutionally adequate adult zone simply face denied access minors question therefore necessarily assumed adult zone created succeed preserving adults access denying minors access regulated speech today reason question assumption previously considered laws operated physical world world two characteristics make possible create adult zones geography identity see lessig reading constitution cyberspace emory minor see adult dance show enters establishment provides entertainment attempt minor able conceal completely identity consequently age thus twin characteristics geography identity enable establishment proprietor prevent children entering establishment let adults inside electronic world fundamentally different interconnection electronic pathways cyberspace allows speakers listeners mask identities cyberspace undeniably reflects form geography chat rooms web sites example exist fixed locations internet since users transmit receive messages internet without revealing anything identities ages see lessig supra however currently possible exclude persons accessing certain messages basis identity cyberspace differs physical world another basic way cyberspace malleable thus possible construct barriers cyberspace use toscreen identity making cyberspace like physical world consequently amenable zoning laws transformation cyberspace already underway lessig supra cyberspace moving relatively unzoned place universe extraordinarily well zoned internet speakers users internet begun zone cyberspace use gateway technology technology requires internet users enter information perhaps adult identification number credit card number access certain areas cyberspace supp ed much like bouncer checks person driver license admitting nightclub internet users access information attempted zone cyberspace tried limit power access information cyberspace much parent controls children watch television installing lock box user based zoning accomplished use screening software cyber patrol surfwatch browsers screening capabilities search addresses text keywords associated adult sites user wishes blocks access sites platform internet content selection pics project designed facilitate user based zoning encouraging internet speakers rate content speech using codes recognized screening programs despite progress transformation cyberspace complete although gateway technology available world wide web time shea reno supp sdny available web speakers becoming technologically feasible chat rooms usenetnewsgroups brief federal parties gateway technology ubiquitous cyberspace without means age verification cyberspace still remains largely unzoned unzoneable shea supra user based zoning also infancy effective agreed upon code tag exist ii screening software browsers screening capabilities able recognize tag iii programs widely available widely used internet users present none conditions true screening software wide use today handful browsers screening capabilities shea supra moreover agreed upon tag programs recognize shea supra although prospects eventual zoning internet appear promising agree must evaluate constitutionality cda applies internet exists today ante given present state cyberspace agree display provision pass muster gateway technology available throughout cyberspace speaker reasonably assured speech displays reach adults impossible confine speech adult zone thus way speaker avoid liability cda refrain completely using indecent speech forced silence impinges first amendment right adults make obtain speech intents purposes reduce adult population internet reading fit children butler result display provision withstand scrutiny accord sable communications bolger drug products indecency transmission specific person provisions present closer issue unconstitutional applications discussed indecency transmission provision makes crime transmit knowingly indecent message person sender knows years age may specific person provision proscribes conduct although explicitly require sender know intended recipient indecent message minor appellant urges construe provision impose knowledge requirement see brief federal parties see edward debartolo florida gulf coast building constr trades council otherwise acceptable construction statute raise serious constitutional problems construe statute avoid problems unless construction plainly contrary intent congress construed provisions constitutional applied conversation involving adult one minors adult speaker sends mail knowing addressee minor adult minor converse minors chat room context provisions different law sustained ginsberg restricting adult may say minors way restricts adult ability communicate adults prevented speaking indecently adults chat room adults participating conversation remains free send indecent mails adults relevant universe contains one adult adult universe power refrain using indecent speech consequently keep allsuch speech within room adult zone analogy ginsberg breaks however one adult party conversation minor enters chat room otherwise occupied adults cda effectively requires adults room stop using indecent speech prosecuted indecency transmission specific person provisions indecent statements make group since transmitting indecent message specific persons one minor accord ante cda therefore akin law makes crime bookstore owner sell pornographic magazines anyone minor enters store even assuming law might constitutional physical world reasonable alternative excluding minors completely store absence means excluding minors chat rooms cyberspace restricts rights adults engage indecent speech rooms indecency transmission specific person provisions share defect two provisions infringe adults speech situations discussed find provisions overbroad sense restrict minors access substantial amount speech minors right read view accordingly cda applied constitutionally situations normally fact require reject direct facial challenge salerno facial challenge legislative act succeeds challenger establish es set circumstances exists act valid appellees claim arises first amendment however argue cda facially invalid substantially overbroad sweeps broadly penaliz es substantial amount speech isconstitutionally protected forsyth county nationalist movement see brief appellees american library association et al brief appellees american civil liberties union et al agree provisions overbroad cover communications adults minors regardless many adults might part audience communication conclusion end matter however parties challenging statute desire engage protected speech overbroad statute purports punish statute may forthwith declared invalid extent reaches far otherwise left intact brockett spokane arcades question congress intended prohibit certain communications one adult one minors see may supp punishing hoever initiates transmission indecent communication knowingly recipient communication years age punishing hoever send specific person persons years age patently offensive message also question congress enacted narrower version provisions known broader version declared unconstitutional application provision cda person circumstance held invalid application provision persons circumstances shall affected thereby therefore sustain indecency transmission specific person provisions extent apply transmission internet communications party initiating communication knows recipients minors whether cda substantially interferes first amendment rights minors thereby runs afoul second characteristic valid zoning laws presents closer question ginsberg new york law sustained prohibited sale minors magazines harmful minors law magazine harmful minors obscene minors noting obscene speech protected first amendment roth new york constitutionally free adjust definition obscenity minors concluded law invad area freedom expression constitutionally secured minors new york therefore infringe upon first amendment rights minors cf erznoznik jacksonville striking city ordinance banned nudity obscene even minors neither accept reject argument cda facially overbroad substantially interferes first amendment rights minors ante reject ginsberg established minors may constitutionally denied access material obscene minors ginsberg explained material obscene minors patently offensive prevailing standards adult community whole respect suitable minors ii appeals prurient interest minors iii utterly without redeeming social importance minors cda denies minors right obtain material patently offensive even redeeming value minors even appeal prurient interests congress rejection ginsberg harmful minors standard means thatthe cda ban speech indecent patently offensive obscene minors deny possibility prevail facial challenge enough plaintiff show overbreadth cases require proof real substantial overbreadth broadrick oklahoma appellees carried burden case view universe speech constitutionally protected minors banned cda universe material patently offensive nonetheless redeeming value minors appeal prurient interest small one appellees cite examples speech falling within universe attempt explain universe substantial relation statute plainly legitimate sweep ibid cda might deny minors right obtain material value see ante largely beside point discussions prison rape nude art see may redeeming education value adults necessarily value minors ginsberg minors first amendment right obtain patently offensive material redeeming social importance minors emphasis added also evidence record support contention many mail transmissions adult minor conversations family members ante support legal proposition speech absolutely immune regulation accordingly view cda burden substantial amount minors constitutionally protected speech thus constitutionality cda zoning law hinges extent substantially interferes first amendment rights adults therights adults infringed display provision indecency transmission specific person provisions applied communications involving one adult invalidate cda extent insofar indecency transmission specific person provisions prohibit use indecent speech communications adult one minors however sustained reaches contrary conclusion holding respectfully dissent footnotes congress shall make law abridging freedom speech amdt made findings including paragraphs parties stipulation findings based evidence received open see supp acronym network developed advanced research project agency finding finding finding finding finding web publishing simple enough thousands individual users small community organizations using web publish personal home pages equivalent individualized newsletters person organization available everyone web finding finding finding ibid finding ibid finding finding finding ibid finding finding ibid finding finding mail address provides authoritative information addressee may use mail alias anonymous remailer also universal reliable listing mail addresses corresponding names telephone numbers listing rapidly become incomplete reasons reliable way many instances sender know mail recipient adult minor difficulty mail age verification compounded mail exploders listservs automatically send information mail addresses sender list government expert olsen agreed current technology give speaker assurance adults listed particular mail exploder mailing list ibid finding finding findings least almost non commercial organizations aclu stop prisoner rape critical path aids project regard charging listeners access speech contrary goals making materials available wide audience free charge evidence suggesting adult users particularly casual web browsers discouraged retrieving information required use credit card password andrew anker testified hotwired received many complaints members hotwired registration system requires member supply name mail address self created password concern commercial content providers age verification requirements decrease advertising revenue advertisers depend demonstration sites arewidely available frequently visited see exon amendment cong rec june see also amendment revised communications act stat supp members house representatives opposed exon amendment thought possible parents child proof family computer products available private sector also thought senate approach involve federal government spending vast sums money trying define elusive terms going lead flood legal challenges kids unprotected members offered amendment intended substitute exon amendment instead enacted additional section act entitled online family empowerment see stat supp cong rec hearings held provisions became law see senate adopted exon amendment however judiciary committee conduct one day hearing cyberporn children opening statement hearing senator leahy observed really struck opening statement mentioned chairman first ever hearing absolutely right yet major debate floor passed legislation overwhelmingly subject involving internet legislation dramatically change say even wreak havoc internet senate went willy nilly passed legislation never hearing never discussion hour floor cyberporn children scope problem state technology need congressional action hearing senate committee judiciary although government dissent break two separate patently offensive display provisions follow convention parties well district order opinion describing one provision full provides defense prosecution subsection section subsection section respect use facility activity subsection section person taken good faith reasonable effective appropriate actions circumstances restrict prevent access minors communication specified subsections may involve appropriate measures restrict minors communications including method feasible available technology restricted access communication requiring use verified credit card debit account adult access code adult personal identification number american civil liberties union human rights watch electronic privacy information center electronic frontier foundation journalism education association computer professionals social responsibility national writers union clarinet communications institute global communications stop prisoner rape aids education global information system bibliobytes queer resources directory critical path aids project wildcat press declan mccullagh dba justice campus brock meeks dba cyberwire dispatch john troyer dba safer sex page jonathan wallace dba ethical spectacle planned parenthood federation america american library association america online american booksellers association american booksellers foundation free expression american society newspaper editors apple computer association american publishers association publishers editors writers citizens internet empowerment coalition commercial internet exchange association compuserve incorporated families internet censorship freedom read foundation health sciences libraries consortium hotwired ventures llc interactive digital software association interactive services association magazine publishers america microsoft corporation microsoft network national press photographers association netcom line communication services newspaper association america opnet prodigy services company society professional journalists wired ventures stat note following see also four related characteristics internet communication transcendent importance shared holding cda unconstitutional face explain characteristics findings fact rehearse briefly first internet presents low barriers entry second barriers entry identical speakers listeners third result low barriers astoundingly diverse content available internet fourth internet provides significant access wish speak medium even creates relative parity among speakers according judge dalzell characteristics therest district findings lead conclusion congress may regulate indecency internet ibid appellees press argument consider appellees also dispute government generally compelling interest protecting minors indecent patently offensive speech quoted prince massachusetts cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder given likelihood many mail transmissions adult minor conversations family members therefore incorrect dissent suggest provisions cda even narrow area different lawwe sustained ginsberg post cf pacifica foundation fcc cadc levanthal dissenting rev fcc pacifica foundation pacifica decided given radio stations allowed operate pursuant federal license congress enacted legislation prohibiting licensees broadcasting indecent speech risk members radio audience might infer sort official societal approval whatever heard radio see risk attends messages received internet supervised federal agency juris statement citing finding indecent benefit textual embellishment patently offensive qualified extent involves sexual excretory activities organs taken context measured contemporary community standards see gozlon peretz congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion internal quotation marks omitted statute indicate whether patently offensive indecent determinations made respect minors population whole government asserts appropriate standard suitable material minors reply brief appellants citing ginsberg new york conferees expressly rejected amendments imposed harmful minors standard see conf conf cong rec conferees also rejected amendments limited proscribed materials lacking redeeming value see conf cong rec even though word trunk standing alone might refer luggage swimming suit base tree long nose animal meaning clear one prong three part description species gray animals determinations appeals prurient interest patently offensive essentially questions fact nation simply big diverse reasonably expect standards articulated single formulation even assuming prerequisite consensus exists cda implements contemporary community standards language miller thus conflicts conferees assertion cda intended establish uniform national standard content regulation conf accord butler michigan ban sale adults books deemed harmful children unconstitutional sable communications fcc ban dial porn messages unconstitutional bolger youngs drug products ban mailing unsolicited advertisement contraceptives unconstitutional lack legislative attention statute issue sable suggests another parallel case compare side conclusory statements debates proponents bill well similar assertions hearings substantially identical bill year congressional record presented us contains evidence effective ineffective fcc recent regulations might prove congressman senator purported present considered judgment respect often extent minors circumvent rules access dial porn messages supra government agrees provisions applicable whenever sender transmits message one recipient knowing least one specific persons receiving themessage minor opposition motion affirm reply juris statement government asserts nothing constitutionally suspect requiring commercial web site operators shoulder modest burdens associated use brief appellants matter fact however evidence modest burden effective transmitting obscenity child pornography whether via internet means already illegal federal law adults juveniles see criminalizing obscenity criminalizing child pornography fact congress considering cda government expressed view law unnecessary existing laws already authorized ongoing efforts prosecute obscenity child pornography child solicitation see cong rec june letter kent markus acting assistant attorney general department justice leahy citing church lukumi babalu aye hialeah among cases appellees offer additional reason view cda fails strict scrutiny much sexually explicit content originates overseas argue cda effective brief appellees american library association et al argument raises difficult issues regarding intended well permissible scope extraterritorial application cda find unnecessary address issues dispose case full text see supra thus ironically defense may significantly protect commercial purveyors obscene postings providing little benefit transmitters indecent messages significant social artistic value long ago explained certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large extent substitute judicial legislative department government reese part separation powers concerns held severability clause aid merely inexorable command dorchy kansas see also osborne ohio judicial rewriting statutes derogate congress incentive draft narrowly tailored law first place see alaska stat ann minors adult entertainment places rev stat ann minors places people expose ark code ann minors poolrooms bars rev stat minors places displaying movies shows harmful children del code tit code ann stat code ann haw rev stat minors movie houses shows pornographic minors idaho code minors places displaying movies shows harmful minors la rev stat ann west minors places displaying movies depict sex acts appeal minors prurient interest md ann code art minors establishments certain enumerated acts performed portrayed comp laws minors without adult places alcohol sold stat supp minors places displaying movies shows harmful minors miss code ann nominors poolrooms billiard halls alcohol sold mo rev stat minors adult cabarets neb rev stat minors places displaying movies shows harmful minors rev stat rev stat ann ii stat ann penal law mckinney cent code supp cons stat supp comp laws ann code ann stat tit code ann see code rev stat ann ark code ann cal penal code ann west supp rev stat stat del code tit code ann stat code ann haw rev stat idaho code comp ch ind code supp iowa code stat ann la rev stat ann west md ann code art mass laws ch stat supp miss code ann mo rev stat mont code ann neb rev stat rev stat rev stat ann stat ann penal law mckinney stat cent code supp ohio rev code ann supp okla tit supp cons stat supp laws code ann supp comp laws ann code ann tex penal code ann utah code ann stat tit code ann rev code supp stat supp