Skip to main content
Problems with Government Regulation of the Internet: Adjusting the Court's Level of First Amendment Scrutiny

Abstract

The Internet becomes ever more dangerous for children who, while searching for innocent material, may find themselves viewing lurid web sites set up by modern day e-pirates. Congress has attempted to enact legislation to protect children from being exposed to pornography on the Internet. However, in reviewing one of those statutes, the Supreme Court applied a strict scrutiny standard of review. This Note argues that where children are unwillingly exposed to obscene material on the Internet, the Internet is more like traditional broadcast media rather than print media. Therefore, the Court should apply the less strict standard of review reserved for broadcast media to future legislation. Under this standard, the remaining two pieces of legislation should pass constitutional muster, not only because they will receive less scrutiny, but also because they are more narrowly drawn than the Act struck down by the Supreme Court.

How to Cite

42 Ariz. L. Rev. 777 (2000)

Downloads

Download PDF

82

Views

52

Downloads

Share

Author

Downloads

Issue

Publication details

Licence

All rights reserved

File Checksums (MD5)

  • PDF: dff3d31b855d6faa4eefbfaa3f85cd8f