Which prohibited using telecommunications device for making

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Reference no: EM132185516

The Communications Decency Act (CDA), which has been proposed to regulate sexually oriented material on the internet was passed by Congress and challenged in lawsuit by the ACLU and other organizations citing the constitutionality of the act.

There were two sections of the act that were the focus of the lawsuit:

Section 223 (a)(1)(B), which prohibited using a “telecommunications device” for making, creating, or soliciting “any comment, request, suggestion, proposal, image, or other communication which is obscene or indecent, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communications”; and

Section 223(d) of the act, which provided that whoever “uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communications that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication” would be fined, imprisoned, or both.

Jane has started an online business selling sex toys to married couples. Along with the toys are training videos depicting couples using the toys. People who wish to purchase her “toys” can make orders over the internet using a Visa or Mastercharge for next day delivery. However, Jane has been arrested in violation of the Communications Decency Act (CDA) and is now facing criminal charges. Does the CDA violate Jane’s constitutional rights? If so, what rights?

Reference no: EM132185516

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