![]() CHICAGO-(AEAE)-IN THE SPRING OF 2008 STOLLER WAS CHARGED WITY INDIRECT CRIMINAL CONTEMPT GROWING OUT OF A DIVORCE PROCEEDING, ALLEGING THE IMPROPER PUBLICATION OF "SPEECH" ON THE INTERNET. The allegations in the Indirect Direct Criminal Contempt Complaint are at odds with the U.S. Supreme Court Finding in Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), is a United States Supreme Court case, in which all nine Justices of the Court voted to strike down anti-indecency provisions of the Communications Decency Act (the CDA), finding they violated the freedom of speech provisions of the First Amendment. Two Justices concurred in part and dissented in part to the decision. This was the first major Supreme Court ruling regarding the regulation of materials distributed via Internet. Question: Did certain provisions of the 1996 Communications Decency Act violate the First and Fifth Amendments by being overly broad and vague in their definitions of the types of internet communications which they criminalized? Conclusion: Yes. The Court held that the Act violated the First Amendment because its regulations amounted to a content-based blanket restriction of free speech. The Act failed to clearly define "indecent" communications, limit its restrictions to particular times or individuals (by showing that it would not impact on adults), provide supportive statements from an authority on the unique nature of internet communications, or conclusively demonstrate that the transmission of "offensive" material is devoid of any social value. Stoller asserts that the charge of Indirect Criminal Contempt has Section 1983 written all over it! This is your new blog post. Click here and start typing, or drag in elements from the top bar. CommentsRalph Retunza 10/09/2009 10:53am
Gee, Leo, I thought that libel was "not" protected by the First Amndment? Perry Mason 10/09/2009 6:45pm
I didn't go to Harvard Law but I'm going to guess that the first amendment doesn't give you unlimited power to libel and harass your ex via an Internet blog. Bobby 10/09/2009 11:25pm
CHICAGO-(AEAE)-IN THE SPRING OF 2008 STOLLER WAS CHARGED WITY INDIRECT CRIMINAL CONTEMPT Leave a Reply |