![]() |
JOHN D. ASHCROFT, ATTORNEY GENERAL, PETITIONER v. AMERICAN CIVIL LIBERTIES UNION et al.[June 29, 2004] Justice Scalia, dissenting.I agree with Justice Breyer's conclusion that the Child Online Protection Act (COPA), 47 U. S. C. §231, is constitutional. See post, at 14 (dissenting opinion). Both the Court and Justice Breyer err, however, in subjecting COPA to strict scrutiny. Nothing in the First Amendment entitles the type of material covered by COPA to that exacting standard of review. "We have recognized that commercial entities which engage in 'the sordid business of pandering' by 'deliberately emphasiz[ing] the sexually provocative aspects of [their nonobscene products], in order to catch the salaciously disposed,' engage in constitutionally unprotected behavior." United States v. Playboy Entertainment Group, Inc., 529 U. S. 803, 831 (2000) (Scalia, J., dissenting) (quoting Ginzburg v. United States, 383 U. S. 463, 467, 472 (1966)). See also Los Angeles v. Alameda Books, Inc., 535 U. S. 425, 443-444 (2002) (Scalia, J., concurring); FW/PBS, Inc. v. Dallas, 493 U. S. 215, 256-261 (1990) (Scalia, J., concurring in part and dissenting in part).Polygraph, Lie Detector Police Jobs Cheating Wife Internet Job Search Pitching Police Officer Police Academy Home Builder Start A Daycare
|