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Stuart Minor Benjamin : Stepping into the Same River Twice, Rapidly Changing Facts and the Appellate Process

"What if, for example, factual findings regarding the Internet on which the Supreme Court relied in Reno v. ACLU are now outdated, such that the Communications Decency Act (CDA)--not a similar statute, but the CDA itself--merits new consideration as a possibly constitutional statute? Even more provocatively, what if some of those findings were outdated by the time the Supreme Court decided the case, and the changes in the months after the district court issued its findings weakened the case for unconstitutionality? This Article will discuss the issues raised by both possibilities, focusing on changes during the appellate process."

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