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Ashcroft v. ACLU, II (2004)  [Findlaw]

Secondary Link Ashcroft v. ACLU, II
Argument Date 03/02/2004
Decided 6/29/2004
Supreme Court Vote 5-4
Note case affirmed and remanded
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether 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.
 
Case Summary & Additional Resources
Majority Opinion Kennedy, J. (joined by Stevens, Souter, Thomas, & Ginsburg)
Concurring Opinion Stevens, J. (joined by Ginsburg)
Dissenting Opinion Breyer, J. (joined by Rehnquist & O'Connor), Scalia, J.
Certiorari Granted 10/14/2003
Lower Court 3rd Circuit
Lower Court Ruling First Amend. Claim sustained.
Oral Arguments transcript
Lawyers
For Petitioner
Theodore Olson, Solicitor General

For Respondent
Ann Beeson

For Amicus
Barry C. Hodge for WallBuilders, Inc

Carl A. Salano for American Society of Journalists and Authors, et al.

Carol A. Clancy for Senators John McCain, Michael Oxley, et al.

Jay Alan Sekulow for American Center for Law & Justice & for several Members of Congress

Paul McGeady for Morality in Media, Inc.

R. Bruce Rich for Associaion of American Publishers, Inc., Center for Democracy and Technology, et al.

Seth M. Galanter for Volunteer Lawyers for the Arts, et al.

William Wagner for Focus on the Family and Family Research Council

Briefs
For Petitioner
Appendix to Petition for Cert.

Merits Brief

Petition Brief

For Respondent
Respondent's Merits Brief

Respondents' Reply Brief

For Amicus
American Center for Law and Justice & Representatives Robert B. Aderholt, Todd Akin, et al [supporting Petitioner]

American Society of Journalists and Authors, et al. [supporting Respondent]

Associaion of American Publishers, Inc., Center for Democracy and Technology, et al. [supporting Respondent]

Focus on the Family and Family Research Council [supporting Petitioner]

Morality in Media, Inc. [supporting Petitioner]

U.S. Senators John McCain, Michael Oxley, et al. [supporting Petitioner]

Volunteer Lawyers for the Arts, et al. [supporting Respondent]

WallBuilders, Inc. [supporting Petitioners]

News Stories & Commentary
AP, "High court won't let online porn law take effect" (6/29/2004)

AP, "Pennsylvania's effort to block Net child porn called failure" (6/26/04)

AP, "High court revisits issue of kids' access to online smut "

High court agrees to revisit Net porn law

White House urges high court to reinstate Net porn law

Tony Mauro Analysis
"Net-porn law relied too heavily on content restrictions, Court holds" (6/30/04)

"No longer Net novices, justices re-examine online porn"

Justices take on high-profile First Amendment cases

Opinion - Lower Court
Ashcroft v. ACLU, II (3rd. Cir., 2003)

Reno v. ACLU (Dist. Ct., 1998)

Other
Child Online Protection Act

Free Expression Project Overview

Medill School of Journalism

Wash. Post interview with ACLU lawyer Ann Beeson

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