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

Summary

Justice Kennedy concurs in the judgment, joining the Court's vacatur and remand because the Court of Appeals' reliance on community standards variation alone was insufficient to invalidate COPA. He argues overbreadth requires assessing the Act's scope including commercial speech and 'as a whole' definitions. Justice Stevens dissents; Justices Breyer and O'Connor concur in the judgment with separate rationales.