Congressional Digest

Supreme Court Debates February 2002 No. 2 Vol. 5
Federal Indecency Laws

Internet Pornography

Constitutionality of Restricting Access to Adult Websites

Federal Indecency Laws

Supreme Court Interpretation of Internet Pornography Laws

Indecency has no single or precise definition. The Supreme Court has said that "the normal definition of `indecent’ merely refers to nonconformance with accepted standards of morality." More specifically, the term has been defined as material that "depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs." Indecent material is protected by the First Amendment unless it constitutes obscenity or child pornography. Indecent material that is protected by the First Amendment may be restricted by the government only "to promote a compelling interest" and only by "the least restrictive means to…

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