Filed the first CD-ROM brief in the U.S. Supreme Court - Schnader ...

First CD-ROM Brief Accepted by Supreme Court
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Appellants,
v.
American Civil Liberties Union, et al.,
Appellees.
BRIEF OF AMICI CURIAE AMERICAN
ASSOCIATION OF UNIVERSITY PROFESSORS, ET
AL. IN SUPPORT OF APPELLEES
The decision below correctly held that provisions of the Communications Decency Act of 1996
("CDA"), 47 U.S.C. § 223(a) & (d), as amended, 1 that criminalize "indecent" and "patently offensive"
speech on the international computer network known as the Internet impermissibly infringe rights of
communication under the First Amendment and must be enjoined from enforcement. If not enjoined, the
statute will deprive both adults and minors of information that is essential to their health and well-being.
The statute is unconstitutionally overbroad in criminalizing non-obscene speech that has any connection
with sexual topics, despite the fact that the speech possesses serious literary, artistic, political, or
scientific value and is protected by the First and Fifth Amendments.
[P. 2]
STATEMENT OF INTEREST OF AMICI CURIAE
Amici are a diverse group of 25 individuals and organizations that use the Internet, and include Internet
service providers ("ISPs"), over whose lines speech targeted by the CDA is carried; individuals and
organizations who place on the Internet speech and other forms of expression on wide-ranging subjects;
individuals and organizations that access the Internet to receive speech on diverse topics; and others who
require and believe firmly in freedom of expression in connection with their use of the Internet. Many
are individuals for whom the Internet provides an unprecedented opportunity to publish and disseminate
speech on issues that they consider important. Some are educators who use the Internet for both teaching
and research. A complete list of amici, with descriptions of their use of the Internet, their interest in this
litigation, and the impact that the CDA has had (and would continue to have if enforced) on their
varying uses of the Internet, is set forth in a more detailed Statement of Interest of Amici Curiae that is
appended to this brief. All parties have consented to the filing of this brief, and letters of consent are
being lodged with the Clerk.
Amici have the unique ability in this litigation to illustrate one of the fatal flaws in the CDA: its broad
sweep that is the antithesis of a narrowly tailored infringement on protected speech. As users of the
Internet, amici are directly affected by the deterrence of speech that the CDA's overbreadth causes. In
some cases, amici are deterred themselves from engaging in speech because of fear of prosecution under
the statute. In other cases, amici are deprived of important information because the statute's deterrent
effect causes others to make information unavailable. In either event, the CDA impermissibly infringes
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