Community Standards of Utah and the Amish Country Rule the World Wide Web - Ashcroft v. ACLU, The

Challengers of the Child Online Protection Act, a recently enacted federal law prohibiting the posting of materials harmful to children on the Internet, contended that regional community standards should not govern such a broad-based medium. The United States Supreme Court held, however, that the statutory language mandating application of regional community standards in judging Internet content did not run contrary to the First Amendment. This Note supports the continued use of the Miller obscenity test, including its community standards criteria, but endorses the position taken by the concurring Justices that, in the case the Internet, the test should apply national community standards of obscenity, rather that the community standards of each divers region of the United States