Justices hear Internet free speech arguments

The Supreme Court enters cyberspace

March 19, 1997
Web posted at: 4:30 p.m. EST (2130 GMT)

WASHINGTON (CNN) -- The Supreme Court justices ventured into unknown territory Wednesday, for the first time considering arguments regarding free speech in cyberspace.

At issue is the Communications Decency Act, passed by Congress and signed into law last year. The court has been asked to determine the constitutionality of the law, which bans "indecent" material from the Internet.

Advocates of both sides of the issue braved snow and rain outside the court, shouting slogans and carrying banners. The demonstrations were civil, however, and the impromptu debates that inevitably occur around such controversial issues were generally polite.

Inside the court, attorneys presented arguments for and against the law, which was struck down by a federal court in Philadelphia last June. That court said the law would unlawfully hurt adults' rights to view sexually oriented material.

"The Internet threatens to give every child with access to an interactive computer a free pass into the equivalent of every adult bookstore and video outlet in the country," Justice Department attorney Seth Waxman told the justices.

"We think this (law) is a small price to pay" to protect children, he said.

But Bruce Ennis, representing the groups who challenged the law, said the law was unconstitutional government censorship.

"The government cannot reduce the adult population to reading or viewing only what is appropriate for children," he said.

Reactions to CDA
Bill Burrington America Online		(12 sec./130K AIFF or WAV sound)
Donna Rice Hughes Enough Is Enough		(18 sec./202K AIFF or WAV sound)
Rep. Zoe Lofgren (D) California		(22 sec./238K AIFF or WAV sound)
Mariam Bell Enough Is Enough		(16 sec./181K AIFF or WAV sound)

Ennis argued that adults have a constitutionally protected right to view material deemed indecent, and that the CDA was an attempt to deny them that right.

Waxman argued that Internet service providers should use credit cards or adult-access codes to restrict access to minors, but Ennis countered that such a proposal would be too expensive for non-profit organizations that may provide questionable material.

In their questioning of attorneys, the justices struggled to find a metaphor for Internet communication.

Justice Sandra Day O'Connor suggested the global network could be compared to "a street corner or a park," while Justice Stephen Breyer said it "is very much like a telephone."

Regardless of context, however, Justice Antonin Scalia said the government was within its rights to bar pornographic material from minors.

"We say 'tough luck, you have to sell it in stores,'" rather than on the street," Scalia said.

The CDA makes it illegal to post "indecent" or "patently offensive" material on the Internet, but would not apply to content posted from outside the United States. Ennis argued that nearly half the questionable material available on the Internet is posted from outside the United States.

A decision in the case, Reno vs. ACLU, is expected in July.

Correspondent Charles Bierbauer contributed to this report.

Special Section:

• Communications Decency Act Main Page

Related stories:

• CNN - American Edge: Sex and the internet: a volatile mix when kids are involved - December 14, 1996
• Supreme Court to consider Internet indecency law - December 6, 1996
• Judges rule against Internet indecency law - June 12, 1996
• Final arguments Friday in CDA case - May 9, 1996
• What's indecent on the Internet - March 21, 1996

Related newsgroups:

• alt.censorship
• alt.activisim

Related sites:

• The Center For Democracy and Technology
  
• ACLU Freedom Network
• The ACLU's 1/29/95 letter to Congress opposing the telecommunications bill
• Electronic Privacy Information Center
• The Communications Decency Act
• VTW Focus on Internet Censorship legislation

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