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WASHINGTON, June 26 -- In a sweeping endorsement of free speech
on the Internet, the Supreme Court today declared unconstitutional
a Federal law making it a crime to send or display indecent material
on line in a way available to minors.
The decision, unanimous in most respects, marked the Court's first
effort to extend the principles of the First Amendment into cyberspace
and to confront the nature of a new, and -- to most of the Justices
-- an unfamiliar medium.
The result left the coalition of Internet users, computer industry
groups and civil liberties organizations that had challenged the
Communications Decency Act exultant. The forceful opinion for
the Court by Justice John Paul Stevens held that speech on the
Internet is entitled to the highest level of First Amendment protection,
similar to the protection the Court gives to books and newspapers.
That stands in contrast to the more limited First Amendment rights
accorded to speech on broadcast and cable television, where the
court has tolerated a wide array of Government regulation.
''Content on the Internet is as diverse as human thought,'' Justice
Stevens said in a quotation from a special three-judge Federal
District Court in Philadelphia, which struck down the Communications
Decency Act a year ago in a decision the Supreme Court affirmed
today.
The Internet is a rapidly expanding global computer network, which
allows as many as 60 million people to communicate on line and
connect with information and entertainment sources around the
world. A large majority of its users live in the United States.
The decision makes it unlikely that any Government-imposed restriction
on Internet content would be upheld as long as the material has
some intrinsic constitutional value. Obscenity, which is outside
the protection of the First Amendment, is also covered by the
Communications Decency Act, and the Court left that provision
intact today without even analyzing it.
The indecent material at issue today was not precisely defined
by the 1996 law -- one of its serious vulnerabilities, as the
Court saw it -- but was referred to in one section of the statute
as ''patently offensive'' descriptions or images of ''sexual or
excretory activities.''
Justice Stevens said that the Court regarded the law's goal of
protecting children from indecent material as legitimate and important,
but concluded that the ''wholly unprecedented'' breadth of the
law threatened to suppress far too much speech among adults and
even between parents and children. ''The interest in encouraging
freedom of expression in a democratic society outweighs any theoretical
but unproven benefit of censorship,'' Justice Stevens wrote.
He noted that people could not ''confidently assume'' that discussions
of birth control, homosexuality, or prison rape, or even the transmission
of ''the card catalogue of the Carnegie Library,'' would not violate
the law and place computer network users at risk of severe criminal
penalties. Violations of the Communications Decency Act, which
never went into effect because of a stay issued by the lower court,
carried penalties of two years in prison and a $250,000 fine.
''The severity of criminal sanctions may well cause speakers to
remain silent rather than communicate even arguably unlawful words,
ideas, and images,'' Justice Stevens said.
The law made it a crime to use a computer to transmit indecent
material to someone under 18 years old or to display such material
''in a manner available'' to a person under 18. Justice Stevens
said that given the nature of the Internet, there was no way someone
transmitting indecent material could be sure that a minor would
not see it. He noted that most uses of the Internet, like chat
rooms, newsgroups, and the World Wide Web, ''are open to all comers.''
Nor, Justice Stevens said, could people rely on a defense provided
by the law for those who take ''good faith, reasonable, effective
and appropriate actions'' to restrict access by minors. No current
technology satisfied those demands, he said.
The opinion, Reno v. American Civil Liberties Union, No. 96-511,
was signed by Justices Antonin Scalia, Anthony M. Kennedy, David
H. Souter, Clarence Thomas, Ruth Bader Ginsburg, and Stephen G.
Breyer.
In a separate opinion by Justice Sandra Day O'Connor, she and
Chief Justice William H. Rehnquist, who signed her opinion, subscribed
to much of the Court's approach. They said the law could be constitutionally
applied, but only in the very limited circumstance of deliberate
transmission of indecent material ''where the party initiating
the communication knows that all of the recipients are minors.''
If an adult might be among the recipients, the speech cannot constitutionally
be suppressed, Justice O'Connor said.
Justice O'Connor said that on the surface, the Communications
Decency Act was analogous to a zoning regulation, similar to the
''adult zones'' for bookstores and X-rated movie theaters the
Court has upheld in a series of decisions. But the analogy was
inexact, she said, because there is no way in cyberspace to make
sure that minors can be screened out while still allowing adults
to have access to the regulated speech.
Justice O'Connor said the law was clearly unconstitutional because
it was ''akin to a law that makes it a crime for a bookstore owner
to sell pornographic magazines to anyone once a minor enters his
store.''
The Communications Decency Act was a last-minute Senate amendment
to another bill, the Telecommunications Act of 1996. It was adopted
without hearings and amid substantial doubts about its constitutionality.
For that reason, its sponsors agreed to add a provision guaranteeing
quick Supreme Court review after a hearing by a single three-judge
court, a shortcut through the normal appellate process.
President Clinton signed the bill and Administration lawyers defended
the law vigorously. At the same time, White House officials worked
on a substitute Internet policy in the event the law was overturned,
as some in the Administration hoped it would be.
The law was challenged by two main coalitions of plaintiffs, representing
a wide spectrum of the Internet community. The United States Chamber
of Commerce entered the case at the Supreme Court stage to argue
that the law presented a threat to the country's ability to compete
globally in an age of new communications, an argument that very
likely got the attention of the free-market conservatives, including
Justices Thomas and Scalia, who joined Justice Stevens's opinion.
The trial before the court in Philadelphia produced opinions by
the three judges, Dolores K. Sloviter, Ronald L. Buckwalter and
Stewart Dalzell, totaling 147 pages with 123 separate factual
findings. The Court today relied heavily on these findings, including
Justice Stevens's observation that the Internet was not as ''pervasive''
a medium as television or radio -- where the Court has permitted
greater Government regulation -- because computer users have to
actively search for indecent material and ''seldom encounter such
content accidentally.''
Christopher A. Hansen, a lawyer for the American Civil Liberties
Union, which organized one of the plaintiff groups, said today
that in establishing the highest level of First Amendment protection,
the Court's decision ''was more about speech than about technology.''
That made the decision important for all future Internet cases
even as the technology may change, Mr. Hansen said.
In his opinion, Justice Stevens was critical of several aspects
of the Government's defense of the law, but singled out one in
particular. That was the argument that unless the law was upheld,
development of the Internet would be stifled by parents' fears
about having on-line access if they could not shield their children
from indecent material.
''We find this argument singularly unpersuasive,'' Justice Stevens
said, adding that ''the dramatic expansion of this new marketplace
of ideas contradicts the factual basis of this contention'' given
the ''phenomenal'' growth of the Internet. ''As a matter of constitutional
tradition,'' he said, ''in the absence of evidence to the contrary,
we presume that governmental regulation of the content of speech
is more likely to interfere with the free exchange of ideas than
to encourage it.''
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