In December, the Supreme Court announced it will hear the US government's appeal of last year's ACLU v. Reno ruling – a case that declared the Communications Decency Act unconstitutional. Experts believe the justices will uphold the ruling. "A few provisions might survive review, but most of the legislation will be held unconstitutional," says Harvard law professor Laurence Tribe. Here's our thumbnail sketch of the Court's jurisprudence.
JusticeLikely VoteBackground
| Stephen Breyer | yes ? | Will approach this case from a technocratic liberal perspective. Free speech record is mixed. Has often upheld regulatory statism and deferred to government agencies.
| Ruth Bader Ginsburg | yes | Although liberal on most First Amendment issues, Ginsburg often sided with FCC regulators while serving as a lower court judge. Still, it is believed she understands that the Internet is not like television.
| Anthony Kennedy | yes | A highly principled conservative and a consistent free speech advocate, Kennedy could be a pivotal vote. Often takes a libertarian approach to First Amendment issues.
| Sandra Day O'Connor | yes | Mixed record on free speech cases. May follow Kennedy in this case. Opposed First Amendment protection for flag burning. Noted for a strong emphasis on factual detail.
| William Rehnquist | no ? | The conservative Chief Justice has strong statist tendencies. May vote to uphold the CDA, particularly if Scalia and Thomas do the same. If he decides to strike it down, it will likely be on very narrow grounds.
| Antonin Scalia | no ? | A quixotic conservative, Scalia is hard to predict. Opinion may hinge on specific language in the CDA. May vote to strike down the CDA, if he defines the case in terms of federalism and state rights.
| David Souter | yes | A libertarian conservative, Souter has great regard for precedent. Has been a strong supporter of the First Amendment. Rumor has it he is also computer literate.
| John Paul Stevens | yes | Considered middle-of-the-road. Wrote the 1978 Pacifica decision that upheld indecency standards for broadcast media but has resisted efforts to apply indecency standards to other contexts.
| Clarence Thomas | no ? | A cultural conservative, Thomas's jurisprudence is considered rigid and formal. As with most cases that come before the court, his decision will probably follow Scalia's lead.
| ELECTRIC WORD
Scouting the Supremes
