First Amendment Library

Ashcroft v. Free Speech Coalition (doc. #: 00-795) (2002) [Findlaw] First Amendment claim affirmed
Secondary Link	Ashcroft v. Free Speech Coalition [Legal Information Institute]
Argument Date	10/30/2001
Decided	04/16/2002
Supreme Court Vote	6-3
Note	Certiorari was granted last term under the name of Reno v. The Free Speech Coalition
Supreme Court Ruling	First Amendment claim sustained.

Issue	Whether the provisions of the Child Pornography Prevention Act of 1996 concerning the shipment, distribution, receipt, reproduction, sale, or possession of any visual depiction that “appears to be of a minor engaging in sexually explicit conduct” violate the First Amendment. It also contains a similar prohibition concerning any visual depiction that is “advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.

Case Summary & Additional Resources

Majority Opinion

Kennedy, J.

Concurring Opinion

Thomas, J. (concurring judgment), O’Connor, J. (concurring & dissenting in part in judgment)

Dissenting Opinion

Rehnquist, C.J. (joined by Scalia, J., in part)

Certiorari Granted

01/22/2001

Lower Court

9th Circuit

Lower Court Ruling

First Amendment claim sustained on vagueness and overbreadth grounds. Ruling of the District Court re constitutionality of the statute is reversed and case to be remanded.

Oral Arguments

Oral Arguments - Transcript
Oral Arguments [Oyez]
audio (Oyez) [Oyez]

Lawyers