CDA is part of the Telecommunications Act of 1996, a major piece of legislation aimed at reducing regulation and encouraging development and deployment of new telecommunications technologies, including promoting competition in local telephone service. Today, we focus our attention on Section 223 and the regulation of indecent content on the web. In 95 and 96, when the Internet was just becoming popular for the average user, there was a real concern among the ill informed that it was just a haven for sex perverts. Georgetown study great percentage of content on the web was sexually oriented. Not challenging obscene transmission provisions.
Decision is unusually dependent upon facts and circs of prior cases.
The First Amendment in Cyberspace Primary function of 1A is to prohibit regulation of speech based on content or viewpoint. These utterances are no essential part of any exposition of ideas and are of such slight social benefit as a step to the truth that any benefit is outweighed by the harm they cause. In 1960s and 1970s, Sct had a very difficult time defining obscene speech. Sable , Pacifica . Difficult to have effective warnings to ward unwilling listeners away from harmful content.