1. Ascroft V. ACLU
... the First Amendment, Justice Thomas recognized that "obscene speech has long been held to fall outside the purview of the First Amendment."" However, the Court of Appeals reasoned that Miller v. California's reliance on community standards could not be applied to the medium of the Internet since "Web publishers are currently without the ability to control the geographic scope of ... "message senders to tailor all their messages to the least tolerant community."" In this decision, the court (while drawing on Hamling) found that "there is no constitutional barrier under Miller to prohibit...
- Word Count: 2266
- Approx Pages: 9
- Has Bibliography
- Grade Level: Undergraduate