As a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.
More Quotes from U.S. Supreme Court:
The Government first contends that, even though the Communications Decency Act effectively censors discourse on many of the Internets modalities such as chat groups, newsgroups, and mail exploders it is nonetheless constitutional because it provides a 'reasonable opportunity' for speakers to engage in the restricted speech on the World Wide Web.... The Governments position is equivalent to arguing that a statute could ban leaflets on certain subjects as long as individuals are free to publish books.... One is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place.U.S. Supreme Court
The breadth of the Communications Decency Acts coverage is wholly unprecedented.... The scope of the CDA is not limited to commercial speech or commercial entities. Its open ended prohibitions embrace all nonprofit entities and individuals posting indecent messages or displaying them on their own computers in the presence of minors. The general, undefined terms 'indecent' and 'patently offensive' cover large amounts of nonpornographic material with serious educational or other value.
U.S. Supreme Court
Regardless of the strength of the governments interest in protecting children, the level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox.
U.S. Supreme Court
The vagueness of the Communications Decency Act raises special First Amendment concerns because of its obvious chilling effect on free speech.... The CDA is also a criminal statute.... The severity of criminal sanctions may well cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images.
U.S. Supreme Court
We agree with the District Courts conclusion that the Communications Decency Act places an unacceptably heavy burden on protected speech... In Sable v. FCC we remarked that the speech restriction at issue there amounted to 'burning the house to roast the pig.' The CDA, casting a far darker shadow over free speech, threatens to torch a large segment of the Internet community.
U.S. Supreme Court
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