ASHCROFT v. AMERICAN CIVIL LIBERTIES UNION

No. 03-218.

542 U.S. 656 (2004)

ASHCROFT, ATTORNEY GENERAL v. AMERICAN CIVIL LIBERTIES UNION ET AL.

Supreme Court of United States.

Decided June 29, 2004.


Attorney(s) appearing for the Case

Solicitor General Olson argued the cause for petitioner. With him on the briefs were Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Irving L. Gornstein, Barbara L. Herwig, Charles W. Scarborough, and August E. Flentje.

Ann E. Beeson argued the cause for respondents. With her on the brief were Christopher A. Hansen, Steven R. Shapiro, Stefan Presser, Christopher R. Harris, and David L. Sobel.*

KENNEDY, J., delivered the opinion of the Court, in which STEVENS, SOUTER, THOMAS, and GINSBURG, JJ., joined. STEVENS, J., filed a concurring opinion, in which GINSBURG, J., joined, p. 673. SCALIA, J., filed a dissenting opinion, p. 676. BREYER, J., filed a dissenting opinion, in which REHNQUIST, C. J., and O'CONNOR, J., joined, p. 676.


JUSTICE KENNEDY delivered the opinion of the Court.

This case presents a challenge to a statute enacted by Congress to protect minors from exposure to sexually explicit materials on the Internet, the Child Online Protection Act (COPA), 112 Stat. 2681-736, codified at 47 U. S. C. § 231. We must decide whether the Court of Appeals was correct to affirm a ruling by the District Court that enforcement of COPA should be enjoined...

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