00-1293 Ashcroft v. ACLU

By: dmc-admin//May 20, 2002//

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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, or whether the District Court correctly concluded that the statute likely will not survive strict scrutiny analysis once adjudication of the case is completed below. While respondents urge us to resolve these questions at this time, prudence dictates allowing the Court of Appeals to first examine these difficult issues.

217 F.3d 162, vacated and remanded.

Local effect:

The Seventh Circuit has not yet considered the constitutionality of COPA.

Thomas, J.; O’Connor, J., concurring; Breyer, J., concurring; Kennedy, J., Stevens, J., dissenting.

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