On June 26, 1997, the Supreme Court struck down the Communications Decency Act—Congress’s attempt to combat obscenity on the Internet—as overbroad and vague. The author demonstrates that the legislation failed because of “an awkward and hurried attempt,” producing “careless drafting.” Further, that the stated goals of the CDA “expose a general lack of understanding of the mechanisms and environment” of the Internet. This article identifies key terms of the legislation that could be corrected, in order to improve future attempts at legislation, and warns generally against heavy-handed legislation which might inhibit the Internet’s growth.
Setting Rules in Cyberspace: Congress's Lost Opportunities to Avoid the Vagueness and Overbreadth of the Communications Decency Act,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss3/3