Reno V. American Civil Liberties Union
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Reno V. American Civil Liberties Union
''Reno v. American Civil Liberties Union'', 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States, unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendment's guarantee of freedom of speech.. This was the first major Supreme Court ruling on the regulation of materials distributed via the Internet. Background and procedural history The Communications Decency Act (CDA) was an attempt to protect minors from explicit material on the Internet by criminalizing the knowing transmission of "obscene or indecent" messages to any recipient under 18; and also knowingly sending to a person under 18 anything "that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs." The American Civil Liberties Union argued that certain parts of the act were facially unconstitutional and sought a preliminary injunctio ...
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Janet Reno
Janet Wood Reno (July 21, 1938 – November 7, 2016) was an American lawyer who served as the 78th United States attorney general. She held the position from 1993 to 2001, making her the second-longest serving attorney general, behind only William Wirt. A member of the Democratic Party, Reno was the first woman to hold that post. Reno was born and raised in Miami, Florida. After leaving to attend Cornell University and Harvard Law School, she returned to Miami where she started her career at private law firms. Her first foray into government was as a staff member for the Judiciary Committee of the Florida House of Representatives. She then worked for the Dade County State Attorney's Office before returning to private practice. She was elected to the Office of State Attorney five times and was the first woman to serve as a state attorney in Florida. President Bill Clinton appointed her attorney general in 1993, a position she held until Clinton left office in 2001. Early life ...
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Radio Station
Radio broadcasting is transmission of audio (sound), sometimes with related metadata, by radio waves to radio receivers belonging to a public audience. In terrestrial radio broadcasting the radio waves are broadcast by a land-based radio station, while in satellite radio the radio waves are broadcast by a satellite in Earth orbit. To receive the content the listener must have a broadcast radio receiver (''radio''). Stations are often affiliated with a radio network which provides content in a common radio format, either in broadcast syndication or simulcast or both. Radio stations broadcast with several different types of modulation: AM radio stations transmit in AM ( amplitude modulation), FM radio stations transmit in FM (frequency modulation), which are older analog audio standards, while newer digital radio stations transmit in several digital audio standards: DAB (digital audio broadcasting), HD radio, DRM ( Digital Radio Mondiale). Television broadcasting ...
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Children's Internet Protection Act
The Children's Internet Protection Act (CIPA) is one of a number of bills that the United States Congress proposed to limit children's exposure to pornography and explicit content online. Background Both of Congress's earlier attempts at restricting indecent Internet content, the Communications Decency Act and the Child Online Protection Act, were held to be unconstitutional by the U.S. Supreme Court on First Amendment grounds. CIPA represented a change in strategy by Congress. While the federal government had no means of directly controlling local school and library boards, many schools and libraries took advantage of Universal Service Fund (USF) discounts derived from universal service fees paid by users in order to purchase eligible telecom services and Internet access. In passing CIPA, Congress required libraries and K-12 schools using these E-Rate discounts on Internet access and internal connections to purchase and use a "technology protection measure" on every computer ...
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Child Online Protection Act
The Child Online Protection Act (COPA) was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet. The law, however, never took effect, as three separate rounds of litigation led to a permanent injunction against the law in 2009. The law was part of a series of efforts by US lawmakers legislating over Internet pornography. Parts of the earlier and much broader Communications Decency Act had been struck down as unconstitutional by the Supreme Court in 1997 (''Reno v. ACLU''); COPA was a direct response to that decision, narrowing the range of material covered. COPA only limits commercial speech and only affects providers based within the United States. COPA required all commercial distributors of "material harmful to minors" to restrict their sites from access by minors. "Material harmful to minors" was defined as material that by "contemporary community ...
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Chris Hansen (attorney)
Christopher A. Hansen is an American civil rights attorney, notable for litigating many cases while at the ACLU, including the '' AMP v. Myriad Genetics'' (2013) case at the US Supreme Court and the ACLU's efforts in '' ACLU v. Reno'' (1997). Hansen was at the ACLU for 40 years, from 1973 to 2013, retiring as Senior National Staff Counsel, and the ACLU's longest-serving attorney. Hansen graduated from Carleton College in 1969 and earned his J.D. degree from the University of Chicago. He joined the ACLU in 1973, working with its newly founded Mental Health Law Project. Notable cases litigated * '' ACLU v. Reno'' (1997) * ''NYSARC v. Carey'', 393 F.Supp. 715 (EDNY 1975) (the Willowbrook case) * '' ACLU v. Miller'' (N.D. Georgia 1997) * ''ALA v. Pataki'' (SDNY June 20, 1997) * ''Brown v. Board of Education'' (re-opened) * ''G.L. v. Zumwalt'', 564 F.Supp. 1030 (W.D. Mo. 1983), 731 F.Supp. 365 (W.D. Mo. 1990), 873 F.Supp. 252 (W.D. Mo. 1994) * '' Jones v. Clinton'', ACLU amicus b ...
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William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of ''National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Sc ...
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Sandra Day O'Connor
Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and the first confirmed to the court. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the first five months of the Roberts Court. Prior to O'Connor's tenure on the Court, she was a judge and an elected official in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the Senate. On July 1, 2005, she announced her intention to retire effective upon the confirmation of a successor. Samuel Alito was nominated to take her seat in October 2005 and joined the Court on January 31, 2006. O'Connor most frequently sided with the Court's conservative bloc but demons ...
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Internet Service Provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include Internet access, Internet transit, domain name registration, web hosting, Usenet service, and colocation. An ISP typically serves as the access point or the gateway that provides a user access to everything available on the Internet. Such a network can also be called as an eyeball network. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the backbone, or by arrangements through other connected companies, sometimes using dialup tools such as UUCP. By the late 1980s, a process was set in place towa ...
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Section 230 Of The Communications Decency Act
Section 230 is a section of Title 47 of the United States Code that was enacted as part of the United States Communications Decency Act and generally provides immunity for website platforms with respect to third-party content. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." Section 230 was developed in response to a pair of laws ...
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Safe Harbor (law)
A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a more-vague, overall standard. By contrast, "''un''safe harbors" describe conduct that ''will'' be deemed to violate the rule. For example, in the context of a statute that requires drivers to "not drive recklessly," a clause specifying that "driving under 25 miles per hour will be conclusively deemed not to constitute reckless driving" is a "safe harbor." Likewise, a clause saying that "driving over 90 miles per hour will be conclusively deemed to constitute reckless driving" would be an "unsafe harbor." In this example, driving between 25 miles per hour and 90 miles per hour would fall outside of either a safe harbor or an unsafe harbor, and would thus be left to be judged according to the vague "reckless" standard. Theoretical justifications Safe harbors have been promoted by legal writers as redu ...
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Overbreadth
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. Description When federal or state laws are challenged in the United States court system for their constitutionality, they may be either challenged based on a facial challenge, challenging the whole of the law or provision and all applications of it, or may be through an as-applied challenge for a specific case or set of circumstances. Outside of First Amendment cases, most constitutional challenges are based on as-applied challenges, the facial challenge being "the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid", as stated in ''United States v. Salerno''. However, for laws involving the First Amendment, the Courts will consider a law invalidated as though through a facial challenge "if a substantial number of its applications are unconstitut ...
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John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during Wor ...
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