Seth Finkelstein writes: “The Nitke v. Gonzales case, which
challenges the conflict between obscenity, ‘community standards,’
and the Internet,
is being appealed to the Supreme Court, in
response to an
unfavorable
lower court ruling.”
The CDA contains provisions that ban speech and images from the
Internet that any local community in the U.S. could deem obscene, even
though that speech would be fully protected elsewhere. The CDA also
contains a provision that states that it’s illegal to put any obscene
material on the web in such a way that minors can access it. However
since the Internet can be accessed by anyone with a computer, anything
on the web can be accessed by a minor as previously held by the
Supreme Court in Reno v. ACLU.
How long before something like satellite radio gets started to offshore “questionable” online content?
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