Comments: "Justices Pass on Internet Obscenity Case"

SCOTUSblog described the action in this language:

The Court summarily upheld a ruling by a three-judge U.S. District Court on New York. The lower court rejected a constitutional challenge to a federal law, the Communications Decency Act of 1996, that bars distribution of obscene materials via the Internet. The law was challenged as sweeping too broadly and as vague by Barbara Nitke, an art photographer who specliazes in photos of adults engaging in sexual activity, and by the National Coalition for Sexual Freedom. Nitke sought to post some of her work on her website. The case was Nitke v . Gonzales (05-526). (When the Court decides a case summarily, it may or may not issue an opinion; there was no opinion in this case.)

Posted by Lis Riba at March 20, 2006 02:31 PM

Thanks Lis - I actually found now from one of the case lawyers that this was summary affirmation, and updated accordingly.

Posted by Seth Finkelstein at March 20, 2006 02:57 PM