I need to be careful what I write about the case. So here's a collection of comments of interest (note, sigh, tedious disclaimer: inclusion of a comment below does not necessarily indicate my endorsement of the statement, as a matter of fact or law).
"In any case, given the Supreme Court precedent on this topic, it's not surprising the plaintiffs lost their challenge to the law, but what a way to lose! The court acknowledges that the named plaintiffs had proper standing to challenge the law because of their activities might be legitimately chilled. Yet, the court nevertheless rejects the challenge because the plaintiffs were unable to show substantial overbreadth, which the court wanted evidenced by:
* the total amount of speech implicated by the CDA
* the amount of protected speech inhibited by the CDA
* is there a reason that the online differing-standards issue is worse than faced by traditional pornographers?
This is entirely circular. It's the lack of reliable information about what will be considered obscene (and where) that creates the plaintiff's dilemma in the first place. ..."
"I can't fathom the kind of metric I would use to measure a "total amount" of chilled speech. How many people are intimidated into silence? Number of images not photographed? Size of Web sites never built? Megabytes of p0rn downloaded in secret? Someone help me out here."
Seth David Schoen:
"... the court ruled for the defendant (the United States) on the narrow ground that the plaintiffs had not met their burden of proof by submitting sufficient evidence"
"I haven't read the judgment myself, so let me just give some background on the community standards, which have haunted (regulation of) internet speech for almost a decade."