Reno vs. American Civil Liberties Union
This paper presents the court case Reno vs. American Civil Liberties Union. The role, issues, and impacts (policy, students, clients, learning, and/or services) are presented.
Congress determined that due to the Internet, minors were able to access unsuitable material. The Communications Decency Act of 1996 (CDC or ôthe Actö) protects minors from material on the Internet that may be harmful obscene or indecent messages may not be sent to any person under 18 years of age. Proof of age is needed to ensure compliance with this Act. Many plaintiffs (organizations and individuals who are associated with the computer and/or communications industries, or who publish/post materials on the Internet, or who belong to citizen groups) have filed suit against this Act with the challenge that it is unconstitutional. Plaintiffs argue against this action, arguing that it is facially invalid under the First and Fifth Amendments.
Against the Government (Reno), of the plaintiffs who have filed against the Act (Civil Action Number 96-963), the American Civil Liberties Union (the ACLU) filed their action on the day the Act was signed, moving for a temporary restraining order regarding two provisions of the CDC. These two provisions referred to communications over the Internet which might be deemed "indecent" or "patently offensive" for minors; it was argued that this infringed upon rights protected by the First Amendment and the Due Process Clause of the Fifth Amendment. The judge involved granted a temporary restraining order, based on the finding that ôthe indecency provision" of the CDA was unconstitutionally vague.
The issues involved included the plaintiffÆs statement that the CDA has resulted in limiting adult expression and therefore infringes on rights protected by the First Amendment. The CDA violates the First Amendment because it bans a substantial category of protected speec...