Reno v. ACLU

In Reno v. ACLU, 521 U.S. 844 (1997), the Court considered two provisions of the Communications Decency Act of 1996, which prohibited knowingly transmitting obscene or indecent material to recipients under the age of 18, and knowingly sending or displaying patently offensive messages to persons under 18. The Court concluded both provisions were content-based regulations of speech which lacked the precision required when a statute regulates the content of speech. Reno, at 874. The Court said both provisions suppressed a large amount of speech that adults have a constitutional right to receive and to address to one another, and they were not narrowly tailored to achieve legitimate purposes. Id. at 874-79. The Court held both provisions violated the First Amendment. Id. at 882. The Court recognized that it is "clear that the strength of the government's interest in protecting minors is not equally strong" in all applications of the Communications Decency Act. Specifically, the Court indicated that the government's interest in protecting minors from indecent material would be greatly diminished where "a parent allows her 17-year-old to use the family computer to obtain information on the Internet that she, in her parental judgment, deems appropriate." See id.