First Amendment protections were upheld in the case of Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (Reno, 1997). The Communications Decency Act of 1996 was found to violate the First Amendment’s protection of freedom of speech. In appealing the CDA, appellees were hoping that the court would determine that the CDA violated both First and Fifth Amendment rights. While the court agreed that the CDA violated First Amendment rights, they did not rule on the issue of Fifth Amendment rights violations. Both constitutional and criminal issues were being addressed in this appeal. Constitutional Provisions at Issue The Constitutional issue that was addressed was whether the CDA violated the First Amendment’s protection of free speech (Reno, 1997). The court found that the CDA did infringe upon the freedom of speech protection afforded in the First Amendment. The CDA was an effort to restrict inappropriate material from reaching children under the age of eighteen through the internet. However, the court found that the CDA’s language was too vague and because of that, it ...
Friedman, L. S. (2010). What Is the State of Civil Liberties in the United States?. Civil liberties (pp. 11-49). Farmington Hills, MI: Greenhaven Press.
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography and obscenity (Hafen 210). The First Amendment protects all other pornographic materials not falling in these two categories, but only for adult viewers.
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
The case that I chose to analyze is Reno v. ACLU. It is the first Internet related U.S. Supreme Court case ever to be decided. Seven of the justices found the argued provisions of the Communications Decency Act (CDA) were unconstitutional under the First Amendment. The court found that the Internet is similar to a shopping mall or library not a broadcast medium as the government refered to it. The majority opinion for this case was that the Internet is a unique marketplace for ideas. The ruling states that while there is a large amount of pornographic material out there, it normally isn’t come across on accident. They stated that the CDA already holds back a good amount of speech that is alright for adult to adult conversations, which they do have a constitutional right to receive. While they recognize the CDA efforts to protect children from harmful speech and pornographic material, it still does not justify the unnecessarily broad suspension of speech. The final outcome was that they found that what the CDA was trying to do would violate speakers messages who are rightfully protected under the First Amendment.
There are several flaws in this section of the Communications Decency Act that are due to the wording of the section itself. The entire section "patently offensive as measured by contemporary community standards" is not defined enough to give a basis for people to be fined or imprisoned. What is offensive to the "contemporary community?
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Cohen vs. California 403 U.S. 15 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/cohen.html
... was instrumental to recognition of the constitutional right to privacy and the interpretation of the Ninth Amendment. This case shows that the Constitution is a living document that can be maneuvered to accommodate for the adaption of American peoples. While it is a stationary and unchanging document, unique interpretations can be gleamed.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
Klein, Chuck. “What the Second Amendment Says.” The Cincinnati Enquirer 28 March 2001: B7. 5 April 2004
When deliberating over whether access to pornography should be prohibited, four areas of contention must be elaborated upon and evaluated critically to provide a sensible basis on which a judgement can be made. Firstly, it must be concluded whether pornography can be classed as a form of speech, and whether it enjoys the same protections as art and literature under the principle. Secondly, works such as those of Catherine MacKinnon can be drawn upon to offer a feminist perspective of the effects of pornography on the treatment of women within modern democratic society. Moreover, the principles of Devlin and Feinberg offer relevant acumen regarding the criminalisation of pornographic media. Overall, this essay will argue that whilst access to pornography should not be entirely prohibited; publications that depict ‘extreme’ situations should be subject to regulation and restriction.
The essence of the American dream stems from freedom. Before this nation was even called the United States of America, religious separatists ventured across the Atlantic Ocean so that they would be free to practice a religion that was not controlled by the state. Today, we find ourselves in a constant battle with ethics, morals and values in the United States. Seeing that we are a nation that is culturally diverse myriad of cultures and religions has been mixed together and the final outcome is the society that we live in today. A serious conflict between the “morally correct” and the “ethically deficient” is the topic of sex and sexuality. Most of the arguments against adult entertainment stem from the belief that it is morally wrong. Maybe in another country where a certain distinct religion was the foundation of our beliefs I would be less likely to fight these ideas. However in the United States the mixture of different cultures, belief systems, and constitutional rights allows me to think that people should be allowed to chose what they want to believe.
In 1998, a district court in Virginia made a ruling on the use of filtering software in public libraries that set a precedent for the unconstitutionality of internet filters. Todd Anten’s article, “Please Disable the Entire Filter: Why Non-Removable Filters on Public Library Computers Violate the First Amendment gives an account of the ruling. The Loudoun County Library had instituted restrictions to internet access on all library computers with software that would block sites that “displayed obscene material, child pornog...
McCarthy, M. (2005). THE CONTINUING SAGA OF INTERNET CENSORSHIP: THE CHILD ONLINE PROTECTION ACT. Brigham Young University Education & Law Journal, (2), 83-101.