SEX, LAWS, AND CYBERSPACE: ORGANIZED INTEREST LITIGATION BEFORE THE U.S. SUPREME COURT.

The hypothesis that a technological development such as the Internet will create legal uncertainty and prompt organized interests both to increase litigation and to alter their legal arguments to advance their interests before the U.S. Supreme Court is tested through examination of organized-interest participation in litigation in sexually explicit speech cases in pre- Internet (1986–93) and Internet (1994–2005) eras of the Rehnquist Court (1986–2005). How content on the Internet changed the substance of organized interests' legal arguments is also examined. Both organized interests that oppose (libertarian groups) and support (proscriptive groups) proscription of sexually explicit speech increased their rates of Supreme Court litigation in the Internet era, and libertarian organized interests took the lead in sponsoring litigation in this area. The Internet also promoted the creation of numerous new libertarian organizations with Internet-specific agendas, which entered into sexually explicit speech litigation. Organized interests identify the Internet as a unique communicative development and make arguments fitting their concerns to that medium. [ABSTRACT FROM AUTHOR]