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Special project: Internet Law
  Censorship and the Internet
     • Introduction
     • Issues & short answers
     • Previous state of the law
     • Discussion
     • Future of the law
     • Authorities Cited
 
 
Censorship and the Internet
 
II. Issues and Short Answers

1. Issue: How has Congress attempted to regulate content on the Internet and how has the judicial branch responded?

Short Answer: The Supreme Court has given the Internet a high level of First Amendment protection. The controlling case is Reno v. ACLU, 512 U.S. 844 (1997), which held the Communications Decency Act (the "CDA") œ Congress' first attempt to regulate the Internet œ unconstitutional. Since then, Congress passed the Child On-Line Protection Act. This Act now confronts its own challenge; the Supreme Court granted a writ of certiorari in ACLU v. Ashcroft No. 00-1293, and will, presumably, rule on its constitutionality.

2. Issue: How has the New York State legislature attempted to regulate content on the Internet, how has the judicial branch responded, and what is the current focus of the N.Y. legislature's restriction on Internet content?

Short Answer: Many states, including New York, have passed laws that make it a crime to display content online that is harmful to minors. The ACLU has successfully challenged this effort in New York State. Currently there are bills before the legislature regarding library Internet use content restrictions that, if passed, will test the extent to which New York State can regulate Internet use.

 

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