By Marc H. Greenberg
ABSTRACT:
Obscenity law has long been marred with inconsistencies and uncertainties, and the water has only been muddied by the advent of the technical age and the multiple legislative attempts to restrict access in public libraries. Furthermore, courts have not adequately resolved the constitutionality of much of the related legislation.
This note analyzes the regulation of obscenity prior to the digital era, reviews Congress’ attempts to apply pre-digital era law in the digital era and the resulting litigation, and then discusses the potential ramifications of the Supreme Court’s decision in American Library Association v. United States.
CITE AS:
Marc H. Greenberg, Note, The Baby and the Bathwater Too: A Critique of American Library Ass’n v. U.S., 12 SYRACUSE SCI. & TECH. L. REP. 35 (2005).
NOTE: Footnotes in this abstract were omitted.