Ashcroft v. American Civil Liberties Union — Breyer, J., Concurring

Summary

Justice Breyer concurred in the judgment, arguing Congress intended the statutory term 'community' in COPA to mean the nation's adult community instead of local geographic areas. He relied on legislative history to support a national standard, concluding it avoids serious First Amendment overbreadth issues. The dissent by Justice Stevens would have affirmed the court of appeals, finding the statute overbroad due to local standards.