Ashcroft v. American Civil Liberties Union

Summary

The Supreme Court vacated the Court of Appeals' judgment that the Child Online Protection Act (COPA) was facially unconstitutional due to its use of community standards. Justice Thomas announced the judgment, holding that COPA's definition of harmful-to-minors material parallels the Miller test for obscenity and does not automatically create substantial overbreadth merely because community standards vary nationwide. Justice Stevens dissented, arguing that community standards function as a sword on the Internet, prohibiting speech protected in most communities. Justices O'Connor, Breyer, and Kennedy concurred in the judgment, with O'Connor and Breyer advocating for a national standard.