584
Opinion of Thomas, J.
community standards under federal obscenity statutes. It is noteworthy, for example, that respondents fail to point out even a single exhibit in the record as to which coverage under COPA would depend upon which community in the country evaluated the material. As a result, if we were to hold COPA unconstitutional because of its use of community standards, federal obscenity statutes would likely also be unconstitutional as applied to the Web,15 a result in substantial tension with our prior suggestion that the application of the CDA to obscene speech was constitutional. See Reno, 521 U. S., at 877, n. 44, 882-883.
D
Respondents argue that COPA is "unconstitutionally over-broad" because it will require Web publishers to shield some material behind age verification screens that could be displayed openly in many communities across the Nation if Web speakers were able to limit access to their sites on a geographic basis. Brief for Respondents 33-34. "[T]o prevail in a facial challenge," however, "it is not enough for a plaintiff to show 'some' overbreadth." Reno, supra, at 896 (O'Connor, J., concurring in judgment in part and dissenting in part). Rather, "the overbreadth of a statute must not only be real, but substantial as well." Broadrick v. Oklahoma, 413 U. S. 601, 615 (1973). At this stage of the litigation, respondents have failed to satisfy this burden, at least solely as a result of COPA's reliance on community standards.16 Because Congress has narrowed the range of con-15 Obscene material, for instance, explicitly falls within the coverage of COPA. See 47 U. S. C. § 231(e)(6) (1994 ed., Supp. V).
16 Justice Stevens' conclusion to the contrary is based on little more than "speculation." See, e. g., post, at 598 (Kennedy, J., concurring in judgment). The only objective evidence cited in the dissenting opinion for the proposition that COPA "will restrict a substantial amount of protected speech that would not be considered harmful to minors in many communities" are various anecdotes compiled in an amici brief. See post, at 611, and n. 7 (citing Brief for Volunteer Lawyers for the Arts et al. as Amici
Page: Index Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: October 4, 2007