Reno v. American Civil Liberties Union, 521 U.S. 844, 11 (1997)

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854

RENO v. AMERICAN CIVIL LIBERTIES UNION

Opinion of the Court

"when the UCR/California Museum of Photography posts to its Web site nudes by Edward Weston and Robert Mapplethorpe to announce that its new exhibit will travel to Baltimore and New York City, those images are available not only in Los Angeles, Baltimore, and New York City, but also in Cincinnati, Mobile, or Beijing—wherever Internet users live. Similarly, the safer 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." 13

Some of the communications over the Internet that originate in foreign countries are also sexually explicit.14

Though such material is widely available, users seldom encounter such content accidentally. "A document's title or a description of the document will usually appear before the document itself . . . and in many cases the user will receive detailed information about a site's content before he or she need take the step to access the document. Almost all sexually explicit images are preceded by warnings as to the content." 15 For that reason, the "odds are slim" that a user would enter a sexually explicit site by accident.16 Unlike communications received by radio or television, "the receipt of information on the Internet requires a series of affirmative steps more deliberate and directed than merely turning a dial. A child requires some sophistication and some ability to read to retrieve material and thereby to use the Internet unattended." 17

Systems have been developed to help parents control the material that may be available on a home computer with In-13 Ibid. (finding 85).

14 Id., at 848 (finding 117).

15 Id., at 844-845 (finding 88).

16 Ibid.

17 Id., at 845 (finding 89).

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