Justice Stevens, Hero of Online Freedom of Expression, Dies at 99

Justice Stevens, Hero of Online Freedom of Expression, Dies at 99

WASHINGTON, D.C. — Retired Supreme Court Justice John Paul Stevens, who led the Court majority that upheld online freedom of speech in the mid 1990s when Congress attempted to establish government censorship of “obscene” material, has died at 99.

Stevens, a World War II veteran appointed by Republican President Gerald Ford, became recognized as an unlikely champion of liberal causes during his time on the Supreme Court (1975-2010). His opinions crucially shaped the direction of the Internet.

In 1992, years before most Americans could conceive of anything like Amazon.com — or even having the Internet at home — as anything but sci-fi, Stevens authored the opinion that online retailers should not be required to collect taxes on out-of-state sales, paving the way for the unstoppable growth of online commerce.

Then, in 1997, Stevens authored the opinion that resulted in the protection of sexually explicit material on the Internet.

After Congress enacted a broad censorship law, prudishly named the Communications Decency Act (CDA), making it a federal crime to post "indecent" material on public websites that could be accessed by minors, Stevens wrote an opinion upholding the most basic principles of free speech.

“If upheld,” as CNet’s Declan McCullagh explained in a 2010 article celebrating Stevens’ legacy upon his retirement, “the CDA would have levied broadcast-style regulations on the internet, making it a felony for even a news organization to post certain four-letter expletives of the sort that landed the late comedian George Carlin in trouble with the Federal Communications Commission. The Internet would have been left heavily censored, while DVDs, magazines, newspapers, and satellite radio, and TV were not.”

“Online porn,” continues McCullagh, would have been completely forbidden — unless, that is, “every single salacious image or video stayed behind a pay wall requiring credit card verification for proof of age.”

As CNet speculated, “if the CDA had remained in effect, the Internet porn industry may have moved offshore instead of being headquartered in California's San Fernando Valley.”

Stevens was far-seeing in his vision of digital freedom of expression. “The record demonstrates that the growth of the Internet has been and continues to be phenomenal,” he wrote. “As a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.”

With the current Supreme Court packed with religiously motivated ideologues like Justices Thomas, Alito, Gorsuch and Kavanaugh, Stevens’ cautious take on freedom of expression seems like a relic of a much quainter era, when the Internet was seen as a new frontier of knowledge and information rather than a battlefield of contention and deceit in need of governmental oversight.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More