1. How is Democracy Socially Constructed? Is it Through Conflict We Find Social Reality? Presented by: Chelsea Jonson Spring 2011 1

2. *United States Congress: Need to protect the youth from “inappropriate materials on the Internet.” 1) Congress passes the Communications Decency Act of 1996 *Lower District Court and American Civil Liberties Union: Challenge act claiming it violates individuals First Amendment rights to free speech Attorney General Janet Reno obliged to appeal to the Supreme Court 2) Attorney General Reno appeals lower court decision to the U.S. Supreme Court contesting the validity of the CDA. Supreme Court: Case is granted a Writ of Certiorari. If this is an invalid appeal the Supreme Court is obliged to… 3) Supreme Court upholds the lower courts decision. Declares the Communications Decency Act of 1996 to be invalid and unconstitutional. 2

3. *Congress: Uses the Supreme Court ruling in Reno vs. ACLU as feedback. Feels compelled to revise the act and form a new act protecting minors from the materials deemed harmful on the Internet 4) Congress passes a revised act called the Child Online Protection Act in 1998. District Court: Individual claims this act breaches their First Amendment guarantee of Free Speech. Court puts injunction to stop the act from being signed into law. If It counts as a violation of ones First Amendment Free Speech then… 5) Appeal to the U.S. Supreme Court to place a permanent injunction on COPA. Supreme Court: Does so in order to protect a fundamental freedom afforded to individuals by the Constitution. If the appeal counts as valid and the act is unconstitution al then… 3

4. 6) The Supreme Court rules to uphold the injunction and declares the act to be unconstitutional under First Amendment claims. Congress: If Congress counts this ruling as feedback then they are obligated to… 7) Congress revises and narrows the act and passes a new version, The Children’s Internet Protection Act in 2001. (President Clinton signs into law) ALA: Individuals in the ALA believe this law is infringing upon their Free Speech rights and right to view constitutionally protected materials on the Internet. Also and unconstitutional disadvantage to withhold federal funds if don’t comply ALA obliged to appeal to the Supreme Court in order to reject filtering requirements and withholding of federal funds. 4

5. 8) American Library Association appeals to the U.S. Supreme Court to declare CIPA unconstitutional and invalid. Supreme Court: If the Court determines the appeal not valid then obliged to uphold the law because it is constitutionally acceptable. Supreme Court upholds the Children’s Internet Protection Act, declaring no violation of individuals First Amendment Free Speech rights. Law is upheld and the act stands! 5