Shiela Hawkins
The Internet’s Enduring Free Speech Legacy
Over 20 years ago, the US Supreme Court unanimously decided Reno v. American CivilLiberties Union (ACLU), which found the communications decency provisions of the Telecommunications Act of 1996 to be unconstitutional. Applying a strict scrutiny judicial review standard under the First Amendment, the Supreme Court concluded that unlike broadcasting (where the FCC’s “indecency” content regulation consistently has been upheld due to the unique characteristics of that medium), no government regulation would be constitutionally permissible—even for online child protection.