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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.
- The Communications Decency Act: A General Overview -
an overview of the law and the arguments surrounding it.
- CDA
dead--permanently - an article on the C|NET news network, describing
the approval of a permanent injunction against the CDA by three judges in
Philadelphia.
- Citizens Internet Empowerment Coalition
- "Internet users, library groups, publishers, online
service providers, and civil liberties groups fighting for the future of
the First Amendment and the future of free expression in the Information
age."
- Electronic Privacy Information
Center - a source for, among other things, recent news, background
information, and legal updates on the CDA and free speech debate.
- The Battle Over the
CDA - a special news section from CNN, covering in detail the CDA and
the ongoing debate over decency and free speech on the Internet.
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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
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