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St. Thomas Law Review

First Page

593

Document Type

Comment

Abstract

Part II of this Comment will highlight relevant background information, relating to the Internet, in order to provide a proper understanding of this modem medium, while Part III will present a history of the regulation of communication systems. A comparison of such regulation with the Decency Act will be examined in order to establish the intent of the originators of this Act as well as show how they first intended to model the Communications Decency Act after the Communications Act of 1934. Part Ill also compares the Communications Act of 1934 with the Decency Act, including the opinions of both supporters and opponents. Part IV will focus on the history of First Amendment levels of scrutiny applicable to the different forms of communication, including the three constitutional standards of review: (1) strict scrutiny; (2) intermediate scrutiny; and (3) rational relationship. In Part V, a thorough comparison of the Internet with the other medias will be examined, as well as the development of the appropriate level of scrutiny for this emerging medium, Part VI presents a detailed discussion of the compelling state interest and the requirement for a narrow tailoring to meet that interest. Part VII concludes by explaining the need to permit this exciting, young media to develop in an environment untouched by regulation and ill-directed government interference.

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