Shea v. Reno

Shea, a publisher of an electronic newspaper entitled The American Reporter, brought a First Amendment challenge against section 223(d) of the Communications Decency Act of 1996 (“CDA”), which criminalized the use of interactive computer services to display “patently offensive” sexually explicit messages to children under 18 years old. The three-judge panel held that Shea demonstrated a likelihood of success on his claim that 223(d) is unconstitutionally broad because it shelters children at the expense of banning otherwise protected indecent communication between adults. Accordingly, the district court enjoined the Attorney General from initiating any investigation or prosecution under 223(d) based upon the display or transmission of indecent material.

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Shea v. Reno Order