Congress fumbles with the Internet

Article Abstract:

The Supreme Court decided in the 1997 case of Reno v. ACLU that two provisions of the Telecommunications Decency Act of 1996 violated the Constitution without adopting a new mode of First Amendment analysis for the protection of Internet speech. The court found the language of the telecommunications law so vague that it constituted a constitutional violation, and pointed out that under this law adults would have to abstain from Internet speech unsuitable for children whenever there was a chance that the latter could access this speech.

Internet, Censorship

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Free speech and freer speech

Article Abstract:

The Supreme Court decided in the 1997 case of Glickman v. Wileman Bros. & Elliot, Inc., that a federally compelled collective advertising campaign did not constitute a First Amendment violation and in fact did not raise a First Amendment issue at all. Rather, the program was an economic regulation under the rational basis test. In so finding, the Court did not take the chance to discuss the inadequacy of the test for commercial-speech restrictions enunciated in Central Hudson Gas & Electric Corp. v. Public Service Commission.

Commercial speech doctrine

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