The ACLU argued in the lower court that the censorship provisions are unconstitutional becausethey would criminalize expression that is protected by the First Amendment and because the terms "indecency" and "patently offensive" are unconstitutionally overbroad and vague
CHALLENGED THE "INDECENT TRANSMISSION" AND "PATENTLY OFFENSIVE DISPLAY" PROVISIONS OF THE 1996 COMMUNIICATTTTTTTTTTTIIIIIIIIIIIIIOOOOOOOOOOOONSDECENCY ACT