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