American Civil Liberties Union v. Ashcroft

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting Webb’s narrow interpretation of “harmful to minors” and thus enjoining enforcement of federal “Miller for minors” statute as not narrowly tailored
• “[N]either the Government nor the public generally can claim an interest in the enforcement of an unconstitutional law.”
• “Strict scrutiny requires that a statute (1) serve a compelling governmental interest; (2) be narrowly tailored to achieve that interest; and (3) be the least restrictive means of advancing that interest.”
• First Amendment \[o]verbreadth analysis-like the question whether a statute is narrowly tailored to serve a compelling governmental interest-examines whether a statute encroaches upon speech in a constitutionally overinclusive manner\
• explain- ing that the legislative history of the Child Online Protec- tion Act reveals that the Act’s “definition of the harmful to minors test constitutes an attempt to fuse the standards upheld by the Supreme Court in Ginsberg . . . and Miller”

Source: CourtListener parenthetical corpus (CC0).