Ashcroft v. ACLU (I)
United States Supreme Court
535 U.S. 564 (2002)
Congress enacted the Child Online Protection Act (COPA) in response to concerns that children were able to access pornography online. COPA restricted the transmission of material deemed harmful to minors. COPA defined this material as any communication that: (1) the average person applying contemporary community standards would find appeals to the prurient interest, (2) depicts a sexual act in a manner patently offensive with respect to minors, and (3) lacks serious literary, artistic, political, or scientific value for minors. The American Civil Liberties Union (ACLU) (plaintiff) sued the United States (defendant), claiming that COPA’s use of community standards to identify material that is harmful to minors violated the First Amendment. The trial court and the appellate court both ruled in favor of the ACLU, holding that COPA imposed an overreaching burden and restriction on constitutionally protected speech. The United States Supreme Court granted the government’s petition for certiorari to review the First Amendment challenge to COPA.
Rule of Law
Holding and Reasoning (Thomas, J.)
Concurrence (Kennedy, J.)
Concurrence (Breyer, J.)
Concurrence (O’Connor, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.