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- The CDA created a criminal cause of action against those who knowingly transmit “obscene” or “indecent” messages, as determined by local community standards, to a recipient under the age of 18 years. It also prohibited knowingly sending or displaying a “patently offensive” message containing sexual or excretory activities or organs to a minor.
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What is the Communications Decency Act?
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The Communications Decency Act of 1996 (CDA) was the United States Congress's first notable attempt to regulate pornographic material on the Internet. In the 1997 landmark case Reno v. ACLU, the United States Supreme Court unanimously struck the act's anti-indecency provisions.
The CDA created a criminal cause of action against those who knowingly transmit “obscene” or “indecent” messages, as determined by local community standards, to a recipient under the age of 18 years. It also prohibited knowingly sending or displaying a “patently offensive” message containing sexual or excretory activities or organs to a minor.
- William A. Sodeman
The Federal Communications Commission (FCC) defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.
Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV. That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.
Jan 4, 2024 · Section 230 of the Communications Act of 1934, enacted as part of the Communications Decency Act of 1996, provides limited federal immunity to providers and users of interactive computer services.
Feb 22, 2021 · To accomplish this, they introduced an amendment to the Communications Decency Act (CDA) named for its authors: the Cox-Wyden Amendment. The CDA was a response to the rise of online pornography; it would regulate obscenity and indecency online. [15]
May 23, 2023 · In 1997, the U.S. Supreme Court struck down the portions of the Communications Decency Act that criminalized the transmission of obscene, indecent and patently offensive material, finding that the law was overbroad and criminalized speech protected by the First Amendment.
