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. This means that there continues to be no content restrictions (aside from child pornography) on what Internet users in the United States can send or receive online. Time and technological changes have demonstrated that the Reno decision continues as a critical element in explosive Internet development. An open terrain for content, with a First Amendment firewall from government intrusion in place, contributes greatly to the powerful forces of its online supply and demand. The Reno precedent represents a free speech legacy for all those using the Internet as a vital source of news, information, and entertainment.

[Stuart N. Brotman is the Howard Distinguished Endowed Professor of Media Management and Law and Beaman Professor of Journalism and Electronic Media at the University of Tennessee, Knoxville. Shiela Hawkins is a doctoral candidate in the College of Communication and Information at the University of Tennessee, Knoxville.]