Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Publication Date: January 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

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Abstract:

It has been proposed that there be a domain on the Internet exclusively for websites that contain sexually explicit material; it might be labeled ".xxx" to complement the current ".com," ".org," and others. Some propose making use of a ".xxx" domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question.

It is unclear whether making a ".xxx" domain mandatory would violate the First Amendment. Whether it would be constitutional might depend upon whether a court viewed it as a content-based restriction on speech or as analogous to the zoning of adult theaters, or even as a mere disclosure requirement that did not raise a significant First Amendment issue. If a court viewed it as a content-based restriction on speech, then it would be constitutional only if the court found that it served a compelling governmental interest by the least restrictive means. Other factors that could affect its constitutionality might be whether it imposed criminal penalties and whether it were limited to websites that are predominantly pornographic.