Neither Dead nor Forgotten: The Past, Present, and Future of the Communications Decency Act in Light of Reno v. ACLU

Authors

• Sue Ann Mota, Bowling Green State University

Abstract

The Communications Decency Act (CDA) was enacted by Congress in February of 1996 as part of the Telecommunications Act of 1996. The goal of the CDA was to limit children's exposure to sexually explicit online materials. President Clinton signed the bill into law on February 8, 1996, and the CDA was immediately challenged.  A three-judge federal district court panel in ACLU v. Reno held that certain provisions of the CDA violate the U.S. Constitution. On June 26, 1997, the Supreme Court handed down its decision, affirming that certain provisions of the CDA violate the First Amendment. The provisions held to be unconstitutional included the prohibition of the knowing transmission, via a telecommunications device, of "indecent" communication to a minor, and the knowing sending or displaying to a minor of any communication that depicts or describes in "patently offensive" terms, as measured by contemporary community standards, sexual or excretory activities or organs. The Supreme Court further held that the overbreadth of these provisions is not cured by statutory defenses.

This article will analyze the CDA and the ensuing litigation, including Justice Stevens’s majority opinion and Justice O’Connor’s opinion concurring in part and dissenting in part. The article will then recommend means by which the goal of the CDA can be achieved with, and without, Congressional action.

Recommended Citation

Sue Ann Mota, Neither Dead nor Forgotten: The Past, Present, and Future of the Communications Decency Act in Light of Reno v. ACLU, 2 Computer L. Rev. & Tech. J. 1 (1998)