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

Summary

Justice Breyer, joined by The Chief Justice and Justice O'Connor, dissents, arguing that the Child Online Protection Act survives First Amendment scrutiny because it targets commercially obscene material, imposes modest burdens on adults via age verification, and serves a compelling interest in child protection; he contends filtering software fails as a viable alternative due to inadequacies such as under-blocking and cost.