Stevens says the CDA places an unacceptable burden on protected speech
John Paul StevensAssociate justice writing the Supreme Court majority
The majority agrees with the District Court that the CDA places an unacceptably heavy burden on protected speech and that its defenses are not the narrow tailoring that could save the provision.
“We agree with the District Court's conclusion that the CDA places an unacceptably heavy burden on protected speech, and that the defenses do not constitute the sort of "narrow tailoring" that will save an otherwise patently invalid unconstitutional provision.”
Original text
Where this statement fits
Reno v. ACLU: Stevens and O'Connor split over online indecency limits
The Supreme Court invalidated the challenged Communications Decency Act restrictions on online speech. Stevens's majority emphasized burdens on protected expression; O'Connor's partial dissent would preserve some restrictions on communications between adults and minors.
Source and context
Original text
About this source
The majority rejects the challenged Communications Decency Act restrictions for burdening protected speech.
Archived copy (opens in a new tab)Before the quotation
The opinion says the government failed to prove that its proposed defenses, including age verification, would significantly reduce the heavy burden on adult speech.
After the quotation
The opinion then compares the CDA with the speech restriction in Sable, saying the CDA threatens to torch a large segment of the Internet community. It severs only the term "or indecent" from one provision.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the CDA's online-indecency restrictions, Stevens's majority expressly rejects their burden on protected speech.
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More from this case
Read the full caseO'Connor would preserve some adult-to-minor restrictions
“Insofar as the "indecency transmission" and "specific person" provisions prohibit the use of indecent speech in communications between an adult and one or more minors, however, they can and should be sustained.”Read statement
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The Dispute Index. "Stevens says the CDA places an unacceptable burden on protected speech". First published: 2026-10-28. Last updated: 2026-10-28. https://disputeindex.com/events/7065-the-majority-agrees-with-the-district-court-that