ACLU v Reno:
A definitive victory for free speech
The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President Bush refers to continually as our "freedom." It represents the fundamental difference between America and so many other countries that do not offer their citizens rights to freedom of speech, religion and the press.
Specifically, the First Amendment of the United States Constitution guarantees the right to freedom of religion and freedom of expression without government interference. See U.S. Const. amend. I. Within that, the concept of freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court and the lower courts interpret the extent of the protection afforded to these rights. The Supreme Court has interpreted the First Amendment to the Constitution as applying to the entire federal government even though it is only expressly applicable to Congress. Also, the Supreme Court has interpreted the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by any of the state governments. See U.S. Const. amend. XIV. (Legal Information Institute, 2005)
And indeed, the most fundamental component of freedom of expression is the right of freedom of speech. The right to freedom of speech permits people to express their thoughts largely without interference or constraint by government entities. Of course, these protections are not without limits: The Supreme Court forces the government -- whether federal or state or local -- to attach substantial justification for the interference with the right of free speech where it actually attempts to regulate the content of the speech.
However, a less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may preclude some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message.
And that is where the internet comes in. Until recently, the freedom of speech was concerned only with actual oral speech and written word. Today, however, with the advent of the internet, there is a whole different medium of expression that has not been accounted for in case law.
One of the first cases to address the freedom of speech as it applies to the internet was ACLU v. Reno. The decision of the three judge panel in ACLU v. Reno, issued June 11, 1996, grants the most complete First Amendment protection to the Internet imaginable. The three judges, Dolores K. Sloviter, Ronald L. Buckwalter and Stewart Dalzell, performed their functions to the fullest: These judges stayed away from political considerations, internalized the technical details of a new unfamiliar medium, searched successfully for the right judicial metaphor, and issued a decision which will serve to protect our freedom of speech well into the next century.
Since courts considering a new communications medium typically botch it on the first attempt, according to legal experts, the ACLU v. Reno ruling is especially remarkable.
Striking a gigantic and resounding victory for the future of the First Amendment on the Internet, the Supreme Court ruled in Reno v. ACLU that the federal Communications Decency Act (CDA) is an unconstitutional restriction on free speech, affirming a lower court decision.
The CDA, Congress' initial attempt to regulate the freedom of speech online, was passed in February 1996. In imposing content regulations throughout the Internet, much as in broadcast television and radio, the CDA intended to threaten the very existence of the Internet as a means of free expression. In striking down this oppressive law, the ACLU has helped maintain the Internet as a free forum for ideas and commerce well into the 21st century.
Description
As for the case itself, it is critical to view the three judges in the lower court's individual opinions were.
Chief Judge Sloviter said:
"Internet communication, while unique, is more akin to telephone communication...than to broadcasting...because, as with the telephone, an Internet user must act affirmatively and deliberately to retrieve specific information online." (p. 96)
Judge Dalzell begins his opinion with the statement that "the disruptive effect of the CDA on Internet communication, as well as the CDA's broad reach into protected speech, not only render the Act unconstitutional but also would render unconstitutional any regulation of protected speech on this new medium."
This statement hints that Dalzell may agree that cyberspace is similar to print media; only print heretofore received the comprehensive, unmitigated First Amendment...
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