The Communications Decency Act, or CDA, was signed into law by President Clinton in 1996. The CDA allowed for fines and prison terms for transmitting "indecent" or "obscene" material online. The American Civil Liberties Union, along with other civil rights and business groups, immediately challenged the law, and the case began to make its way through the courts. Pro-CDA forces argued that the law was necessary to protect children from pornographic or other harmful material. CDA critics said that the law was too restrictive, and would inhibit free speech on the Internet. On June 26, 1997, the Supreme Court declared by unanimous vote that the CDA was in violation of the First Amendment right to free speech. However, the debate on how to strike a balance between "decency" and free speech on the Net continues.







 

Held: The CDA's "indecent transmission" and "patently offensive display" provisions abridge "the freedom of speech" protected by the First Amendment.

U.S. Supreme Court Decision on the CDA