The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case Reno v. ACLU, the United States Supreme Court unanimously struck the act's anti-indecency provisions.
The Act is the short name of Title V of the Telecommunications Act of 1996, as specified in Section 501 of the 1996 Act. Senators James Exon and Slade Gorton introduced it to the Senate Committee of Commerce, Science, and Transportation in 1995. The amendment that became the CDA was added to the Telecommunications Act in the Senate by an 8118 vote on June 15, 1995.As eventually passed by Congress, Title V affected the Internet (and online communications) in two significant ways. First, it attempted to regulate both indecency (when available to children) and obscenity in cyberspace. Second, Section 230 of title 47 of the U.S. Code, part of a codification of the Communications Act of 1934 (Section 9 of the Communications Decency Act / Section 509 of the Telecommunications Act of 1996) has been interpreted to mean that operators of Internet services are not publishers (and thus not legally liable for the words of third parties who use their services).
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate and largely discretionary appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones but has ruled that it does not have power to decide non-justiciable political questions.
Established by Article Three of the United States Constitution, the composition and procedures of the Supreme Court were initially established by the 1st Congress through the Judiciary Act of 1789. As later set by the Judiciary Act of 1869, the Court consists of the chief justice of the United States and eight associate justices. Each justice has lifetime tenure, meaning they remain on the Court until they die, retire, resign, or are removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the Court. When in majority, the chief justice decides who writes the opinion of the court; otherwise, the most senior justice in the majority assigns the task of writing the opinion.
The Court meets in the Supreme Court Building in Washington, D.C. Its law enforcement arm is the Supreme Court Police.
1997Jun, 26
The U.S. Supreme Court rules that the Communications Decency Act violates the First Amendment to the United States Constitution.
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Events on 1997
- 19Jan
Hebron
Yasser Arafat returns to Hebron after more than 30 years and joins celebrations over the handover of the last Israeli-controlled West Bank city. - 21Jan
Newt Gingrich
The U.S. House of Representatives votes 395-28 to reprimand Newt Gingrich for ethics violations, making him the first Speaker of the House to be so disciplined. - 5Feb
The Holocaust
The so-called Big Three banks in Switzerland announce the creation of a $71 million fund to aid Holocaust survivors and their families. - 2Jun
Oklahoma City bombing
In Denver, Timothy McVeigh is convicted on 15 counts of murder and conspiracy for his role in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, in which 168 people died. He was executed four years later. - 1Jul
Tony Blair
China resumes sovereignty over the city-state of Hong Kong, ending 156 years of British colonial rule. The handover ceremony is attended by British Prime Minister Tony Blair, Prince Charles of Wales, Chinese President Jiang Zemin, and U.S. Secretary of State Madeleine Albright.