Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 57 (2001)

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Cite as: 533 U. S. 525 (2001)

Opinion of Thomas, J.

gree: Socrates was condemned for being "a doer of evil, inasmuch as he corrupts the youth." 1 Dialogues of Plato, Apology 348 (B. Jowett transl., 4th ed. 1953). But the theory has met with a less enthusiastic reception in this Court than it did in the Athenian assembly. In Butler v. Michigan, 352 U. S. 380 (1957), we struck down a statute restricting the sale of materials " 'tending to incite minors to violent or depraved or immoral acts.' " Id., at 381 (quoting then Mich. Penal Code § 343). The effect of the law, we observed, was "to reduce the adult population of Michigan to reading only what is fit for children." 352 U. S., at 383. As Justice Frankfurter colorfully put it, "Surely, this is to burn the house to roast the pig." Ibid.

We have held consistently that speech "cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them." Erznoznik v. Jacksonville, 422 U. S. 205, 213-214 (1975); accord, Bolger, 463 U. S., at 74 ("The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox"). To be sure, in FCC v. Pacifica Foundation, 438 U. S. 726 (1978), we upheld the Federal Communications Commission's power to regulate indecent but nonobscene radio broadcasts. But Pacifica relied heavily on what it considered to be the "special justifications for regulation of the broadcast media that are not applicable to other speakers." Reno v. American Civil Liberties Union, 521 U. S. 844, 868 (1997). It emphasized that radio is "uniquely pervasive" and "uniquely accessible to children, even those too young to read." Pacifica, supra, at 748-749 (emphasis added).

Outside of the broadcasting context, we have adhered to the view that "the governmental interest in protecting children from harmful materials" does not "justify an unnecessarily broad suppression of speech addressed to adults." Reno, supra, at 875; see also Playboy Entertainment, 529 U. S., at 814 ("[T]he objective of shielding children does not

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