Talk:Ashcroft v. American Civil Liberties Union

message: ACLU v Ashcroft 2002 was a facial challenge where COPA was upheld. It wasn't until ACLU v Ashcroft 2004 that the law was struck down. See the COPA article. The summary for this article is right but the "Decision" section in the main body says that the court found it unconst, which it did not.  —Preceding unsigned comment added by 74.104.105.43 (talk) 20:09, 15 December 2009 (UTC)
thread_title:  i think this is the wrong ACLU v Ashcroft 

message: The Supreme Court did not hold that COPA was unconstitutional. Instead, the court stated that the use of the local community standard was not enough by itself to render COPA too broad (and thus violating the First Amendment). Directly from section IV of the opinion (which a majority of the justices agreed with):
"The scope of our decision today is quite limited. We hold only that COPA's reliance on community standards to identify "material that is harmful to minors" does not by itself render the statute substantially overbroad for purposes of the First Amendment. We do not express any view as to whether COPA suffers from substantial overbreadth for other reasons, whether the statute is unconstitutionally vague..." Ashcroft v. ACLU, 535 U.S. 564, 585, 122 S. Ct. 1700, 1713. (For the full opinion: https://supreme.justia.com/cases/federal/us/535/564/case.html)
Furthermore, the page is misleading in only saying that the Supreme Court affirmed the injunction. The Government continued to be enjoined because they did not ask the Supreme Court to vacate the preliminary injunction. Again from the opinion:
"Petitioner does not ask us to vacate the preliminary injunction entered by the District Court, and in any event, we could not do so without addressing matters yet to be considered by the Court of Appeals. As a result, the Government remains enjoined from enforcing COPA absent further action by the Court of Appeals or the District Court." Ashcroft v. ACLU, 535 U.S. 564, 586, 122 S. Ct. 1700, 1713-1714. (For the full opinion: https://supreme.justia.com/cases/federal/us/535/564/case.html)
In the end, the Supreme Court vacated the judgement of the Third Circuit and remanded the case for further proceedings.  — Preceding unsigned comment added by 96.32.142.239 (talk) 05:57, 1 October 2014 (UTC)
thread_title:  Wrong Holding of the Case 

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thread_title:  External links modified