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| | | Ashcroft v. ACLU, II (2004)
[Findlaw]
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Secondary Link
| Ashcroft v. ACLU, II |
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Argument Date
| 03/02/2004 |
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Decided
| 6/29/2004 |
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Supreme Court Vote
| 5-4 |
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Note
| case affirmed and remanded |
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Supreme Court Ruling
| First Amendment claim sustained. |
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| | | Issue | Whether the court of appeals properly barred enforcement of the Child Online Protection Act on First Amendment grounds because the statute relies on community standards to identify material that is harmful to minors. | |
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Majority Opinion
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Kennedy, J. (joined by Stevens, Souter, Thomas, & Ginsburg) |
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Concurring Opinion
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Stevens, J. (joined by Ginsburg) |
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Dissenting Opinion
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Breyer, J. (joined by Rehnquist & O'Connor), Scalia, J. |
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Certiorari Granted
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10/14/2003 |
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Lower Court
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3rd Circuit |
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Lower Court Ruling
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First Amend. Claim sustained. |
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Oral Arguments
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transcript
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| Lawyers |
Theodore Olson, Solicitor General
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Barry C. Hodge for WallBuilders, Inc
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Carl A. Salano for American Society of Journalists and Authors, et al.
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Carol A. Clancy for Senators John McCain, Michael Oxley, et al.
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Jay Alan Sekulow for American Center for Law & Justice & for several Members of Congress
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Paul McGeady for Morality in Media, Inc.
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R. Bruce Rich for Associaion of American Publishers, Inc., Center for Democracy and Technology, et al.
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Seth M. Galanter for Volunteer Lawyers for the Arts, et al.
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William Wagner for Focus on the Family and Family Research Council
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| Briefs |
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| News Stories & Commentary |
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| Tony Mauro Analysis |
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| Opinion - Lower Court |
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| Other |
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