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Reno v. American Civil Liberties Union | 521 U.S. 844 (1997)

The 1990s saw the rise of the internet. And Congress tried early on to regulate the new medium, especially to prevent minors from viewing lurid content. One of the earliest United States Supreme Court decisions to consider internet regulation was 1997’s Reno versus American Civil Liberties Union.

As part of the Telecommunications Act of 1996, Congress enacted the Communications Decency Act, or CDA. The CDA prohibited knowingly transmitting obscene or indecent material to any recipient under the age of eighteen. It also prohibited displaying patently offensive messages in a way that made the messages accessible to minors. The CDA provided affirmative defenses to persons who made good-faith, reasonable efforts to restrict minors’ access to prohibited communications. The act also provided a defense to persons who required some proof of age, such as a credit card or adult identification code, before allowing a user access to offensive displays.

On the same day that President Clinton signed the Telecommunications Act into law, the American Civil Liberties Union, or ACLU, sued United States Attorney General Janet Reno, arguing that the CDA violated the First Amendment. The three-judge district court panel found the CDA unconstitutional. Reno appealed directly to the United States Supreme Court.

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