J.D., candidate Washington College of Law, American University, December 1997

M.MIS, Northeastern University

A.B., Smith College

email: rc5511a@american.edu OR cavanagh@ojp.usdoj.gov

Whatever the result of the Supreme Court's review of ACLU v. Reno will be, this case surely marks just the beginning of the education of the judiciary, and the "continuing education" of the nation's law makers, about the nature of Cyberspace. It was both helpful, and indicative of the elementary stage of the national debate, that the findings of fact in the lower court's opinion provide a basic "introduction to the Internet and Cyberspace." (I have given the cite to the lower court ruling to more than a few attorneys who represent media and find themselves suddenly clueless with regard to this subject.) But most importantly, the Communications Decency Act revealed how poorly Congress understands this technology and its implications on First Amendment right of free speech. The CDA must have been viewed by many politicians as an opportunity to "grandstand" for family values during the election year, rather than an opportunity to write some cohesive and Constitutional legislation. But I must say, I do not think was solely for lack of trying that they failed.

Simply put, they just don't get it yet.