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The Interent - Marketplace of Ideas


They were trying to taunt people with the use of the internet to stop them from going to work at the abortion clinics. In the following cases I will demonstrate a few times where the court has had to adapt the constitution to the new ideas created by the internet. .
             In Reno v. ACLU conflict arose because of two provisions in the 1996 Communications Decency Act. The Communications Decency Act was made to protect minors from seeking inappropriate material on the internet; this act criminalized the intentional broadcast of "obscene or indecent" messages. It also banned any matter that depicted or described "sexual or excretory activities or organs" in a manner deemed "offensive" by community standards. The ACLU was trying to tell people that just because there was a chance that a child was going to look at pornography, it had to be made illegal for the rest of the adult population. What is the difference of selling pornography outside in newsstands and in stores than getting it online? People underage will start becoming interested in pornography at a fairly conventional age due to their hormonal development, and at that point there is a big chance that the underage kids will be able to get pornography one way or another, let that be using the internet or finding a way to seek a peek at a magazine when no one is looking. In this case the court ruled that the provisions in this act where far too broad because it applied to every aspect of the cyberspace universe rather than a distinct area. Justice Stevens in his opinion evaluated the operation of the Internet and saw how difficult verifying the age of an Internet user would be; making it almost impossible to insure everyone who did see the explicit material would be over eighteen. He also found some problems with the way the Act was written.


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