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(1) In “Reno vs. ACLU” (1997) the Supreme Court ruled (7-2) that the “anti-indecency” provision
[Title V, also known as the Communications Decency Act] of the Telecommunications Act of 1996
was unconstitutional. In plain language, the Court held that the first Amendment protects free
speech on the internet, so long as it is neither obscene [the use of certain forbidden words] nor
involves child pornography [minors performing in recorded or photographed sexual acts]. Justice
Stevens wrote the majority opinion. Since then, no WWW-related dilemma of comparable (1st
Amendment) significance has been argued before the Court.
a. Did the Court make the right decision? Why or why not?
b. Why did the court ban obscenity, but not (adult) pornography?
c. Why was “decency” an issue in the first place? Should it be?
d. Why has no major Internet dilemma arisen since ’97? If it has, why hasn’t the Court faced or
confronted it? If the Court has acted, why do we await their verdict?
e. What would J.S Mill say or conclude about this case? Why?
f. Given his view(s), do you agree with Mill? Why or why not? (Support you decision)
g. What does this case reveal about mass media, media ethics, the Internet, and the world that lies
outside the web? What can we yet learn from “Reno,” and why does it still matter?
Make sure to answer each question carefully, and make sure to support you answers.
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