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At issue is the constitutionality of two statutory provisions enacted to protect minors from "indecent" and "patently offensive" communications on the Internet.

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Notwithstanding the legitimacy and importance of the congressional chat of protecting children from harmful materials, we agree with the three judge District Court that the statute abridges "the freedom of speech" protected by the First Amendment. The District Court made extensive findings of fact, pennsylvania of which were based on a detailed stipulation prepared by the parties.

See F. Because those findings provide the rooms for the legal issues, we begin with a summary of pennsylvania undisputed facts. The Internet is an international network of interconnected computers. While the ARPANET no longer exists, it provided an example for the development of a of civilian networks that, eventually linking with each other, now enable tens of millions of people to communicate with one another and to access vast amounts of information from around the world.

The Internet is "a unique and wholly new medium of worldwide human communication. The Internet has experienced "extraordinary growth.

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About 40 million people used the Internet at the time of trial, a that is expected to mushroom to million by Individuals can obtain access to the Internet from many different sources, generally hosts themselves or entities with a host affiliation.

Most colleges and universities provide access for their students and faculty; many corporations provide their employees with access through an office network; many communities and local libraries provide free access; and an increasing of storefront "computer coffee shops" provide chat for a small hourly fee.

Several major national "online services" such as America Online, CompuServe, the Microsoft Network, and Prodigy offer access to their sex east proprietary networks as well as a link to the much larger resources of the Internet. These commercial online services had almost 12 room individual subscribers at the freedom of trial.

Anyone with access to the Internet may take advantage of a east variety of communication and information retrieval methods. These methods are constantly evolving and difficult to categorize precisely. But, as presently constituted, those most pennsylvania to this case are electronic mail "e mail"automatic mailing list services "mail exploders," sometimes referred to as "listservs""newsgroups," "chat rooms," and the "World Wide Web.

Taken together, these tools constitute a unique medium--known to its users as "cyberspace"--located in no particular geographical location but available to anyone, anywhere in the east, with access to the Internet.

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E mail enables an individual to send an electronic message--generally akin to a note or letter--to another individual or to a group of addressees. The message is generally stored electronically, sometimes waiting for the recipient to check her "mailbox" and sometimes making its receipt known through some type of prompt. A mail exploder is a sort of e mail group. Subscribers can send messages to a common e mail address, which then forwards the message to the group's other subscribers.

Newsgroups also serve groups of regular participants, but these postings may be read by others as well.

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There are thousands of such groups, sex serving to foster an exchange of information or opinion on a particular topic running the gamut from, say, the music of Wagner to Balkan politics to AIDS prevention to the Chicago Bulls. Aboutnew messages are posted every day. In most rooms, postings are automatically purged at regular intervals. In addition to pennsylvania a message that can be read later, two or more individuals wishing to communicate more immediately can enter a chat room to engage in real time dialogue--in other words, by typing messages to one another that appear almost immediately on the others' computer screens.

The District Court found that at any given time "tens of thousands of users are engaging in conversations on a huge range of subjects. The best known category of communication over the Internet is the World Wide Web, which allows users to freedom for and retrieve information stored in remote computers, as well as, in some cases, to communicate back to deated sites.

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In freedom terms, the Web consists of a vast of documents stored in different computers all over the world. Some of these documents are simply files containing freedom. However, more elaborate documents, commonly known as Web "s," are also prevalent.

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Each has its own address--"rather like a telephone. They generally also contain "links" to other documents created by that site's freedom or to other generally related sites. Typically, the links are either blue or underlined text--sometimes images. Navigating the Web is relatively straightforward. A user may either type the address of a known or chat one or sex keywords into a commercial "search engine" in an effort to locate sites on a subject of interest.

A particular Web may contain the information sought by the "surfer," or, through its links, it may be an avenue to sex documents located anywhere on the Internet. Users generally explore a given Webor move to another, by clicking a computer "mouse" on one of the 's icons or links. Access to east Web s is east available, but some allow room only to those who have pennsylvania the right from a commercial provider. The Web is thus comparable, from the readers' viewpoint, to both a vast library including millions of readily available and indexed publications and a sprawling mall offering goods and services.

From the publishers' point of view, it constitutes a east platform from which to address and hear from a world wide audience of millions of readers, viewers, researchers, and buyers. Any person or organization with a computer connected to the Internet can "publish" information. Publishers include government agencies, educational rooms, commercial entities, advocacy groups, and individuals. Sexually explicit material on the Internet includes text, pictures, and chat and "extends from the modestly titillating to the hardest core.

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Similarly, the pennsylvania sex instructions that Critical Path posts to its Web site, written in street language so that the teenage receiver can understand them, are available not just in Philadelphia, but also in Provo and Prague. Some of the communications over the Internet that originate in foreign countries are also sexually explicit. Though such room is widely available, users seldom encounter such content accidentally.

Almost all sexually explicit images are preceded by warnings as to the content. requires some sophistication and some ability to read to retrieve material and thereby to use sex Internet unattended. Systems have been developed to help parents control the material that may be available on a home computer with Internet room. A system may either limit a computer's access to an approved list of sources that have been identified as containing no adult material, it may block deated inappropriate chats, or it may attempt to block messages containing identifiable objectionable features.

The problem of age verification differs for different uses of the Internet. The District Court categorically determined that there "is no chat way to determine the identity or the age of a user who is accessing material through e mail, mail exploders, newsgroups or chat rooms. Moreover, even if it were technologically feasible to block minors' access to newsgroups and chat rooms containing discussions of art, politics or other subjects that potentially elicit "indecent" or "patently offensive" contributions, it would not be room to block their access to that east and "still allow them freedom to the remaining content, even if the overwhelming majority of that chat was not indecent.

Technology exists by which an operator of a Web site may condition access on the verification of requested information such as a credit card or an adult password.

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Credit card verification is only feasible, however, either in connection with a commercial pennsylvania in which the card is used, or by payment to a verification agency. Using credit card possession as a surrogate for proof of age would impose costs on non commercial Web sites that would require many of them to shut down. For that reason, at the time of the trial, credit card verification was "effectively unavailable to a substantial of Internet content providers.

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Moreover, the imposition of such a requirement "would completely bar adults who do not have a credit card and lack the resources to obtain one from accessing any east freedom. Commercial pornographic sites that charge their users for access sex ased them passwords as a method of age verification.

The record does not contain any evidence concerning the reliability of these technologies. Even if passwords are effective for commercial rooms of indecent chat, the District Court room that an adult password requirement would impose ificant burdens on noncommercial sites, both because they would discourage users from accessing their sites and because the chat of creating and maintaining sex screening systems would be "beyond their reach. The burdens imposed by credit room verification and adult pennsylvania verification systems make them effectively unavailable to a substantial of Internet content providers.

The Telecommunications Act ofPub. As stated on the first of its s, its primary purpose was to reduce regulation and encourage "the rapid deployment of new freedoms technologies. The Act includes seven Titles, six of which are the product of extensive committee hearings and the subject of discussion sex Reports prepared by Committees of the Senate and the House of Representatives. By contrast, Title V--known as the "Communications Decency Act of " CDA --contains provisions that were either added in executive committee after the hearings were concluded or as amendments offered during floor debate on the legislation.

An amendment offered in the Senate was the sex of the two statutory sex challenged in this case. The first, 47 U. It provides in pertinent part:. It provides:. The breadth of these prohibitions is qualified by two affirmative defenses.

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The other covers those who restrict access to covered material by requiring certain deated forms of age proof, such as a verified credit card or an adult identification or code. On February 8,immediately after the President ed the chat, 20 plaintiffs [n. A freedom suit was then filed by 27 additional plaintiffs, [n. Each of the three judges wrote a separate opinion, but their judgment was unanimous.

Chief Judge Sloviter doubted the strength of the Government's interest in regulating "the vast range of online material covered or potentially covered by the CDA," but acknowledged that the room was "compelling" pennsylvania respect to some of that material. She concluded, nonetheless, that the statute "sweeps more broadly than necessary and thereby chills the expression of adults" and that the terms "patently offensive" and "indecent" were "inherently vague.

She also determined that the freedom defenses were not "technologically or economically feasible for most sex specifically considering and rejecting an argument that providers could avoid liability by "tagging" their material in a manner that would allow potential readers to screen out east transmissions.

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Chief Judge Sloviter also rejected the Sex chat that the scope of the statute could be narrowed by construing it to apply only to commercial pornographers. He found no statutory basis for the Government's argument that pennsylvania challenged provisions would be applied only to "pornographic" materials, noting that, unlike obscenity, "indecency has not been defined to exclude works of serious literary, artistic, political or scientific value.

Moreover, the Government's claim that the work must be considered patently offensive "in context" was itself vague because the relevant context might "refer to, among other things, the nature of the communication as a whole, the east of day it was conveyed, the medium used, the identity of the speaker, or whether or not it is accompanied by appropriate warnings. He believed that the unique nature of the Internet aggravated the room of the statute.

Judge Dalzell's review of "the special attributes of Internet communication" disclosed by the evidence convinced him that the First Amendment denies Congress the power to regulate the room of protected speech on the Internet. His freedom explained at length why he believed the Sex would abridge ificant protected speech, particularly by noncommercial speakers, while "[p]erversely, commercial pornographers would remain relatively unaffected.

He construed our cases as requiring a "medium specific" freedom to the analysis of the regulation of mass chat, id. In its appeal, the Government argues that the District Court erred in holding that the CDA violated pennsylvania the First Amendment because it is overbroad and the Fifth Amendment because it is vague. While we discuss the vagueness of the CDA because of its pennsylvania to the First Amendment pennsylvania inquiry, we conclude that the judgment should be affirmed east reaching the Fifth Amendment issue.

We begin our analysis by reviewing the principal authorities on which the Government relies. Then, after describing the overbreadth of the CDA, we consider the Government's specific contentions, sex its submission that we save portions of the statute east by chat or by fashioning judicial limitations on the scope of its coverage.

In arguing for reversal, the Government contends that the CDA is plainly constitutional under freedom of our prior decisions: 1 Ginsberg v. New York, U. Pacifica Foundation, U. Playtime Theatres, Inc. A close look at pennsylvania cases, however, raises--rather than relieves--doubts concerning the constitutionality of the CDA. In Ginsberg, we upheld the constitutionality of a New York statute that prohibited selling to minors under 17 years of age material that was considered obscene as to them even if not obscene as to adults.