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John D. Ashcroft v. the Free Speech Coalition

535 U.S. 234 · Decided April 16, 2002 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

John D. Ashcroft v. the Free Speech Coalition was decided on April 16, 2002 by a vote of 6–3. The Court affirmed the lower court's decision. Justice Anthony M. Kennedy wrote the opinion of the Court. SCDB classifies its main issue as “Obscenity, federal” in the First Amendment area. SCDB records that the Court declared an act of Congress unconstitutional.

Read the opinion

Case details

Citations
535 U.S. 234 · 122 S. Ct. 1389 · 152 L. Ed. 2d 403 · 2002 U.S. LEXIS 2789
Docket number
00-795
Decided
April 16, 2002
Argued
October 30, 2001
Decision type
Opinion of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
6–3
Majority opinion
Anthony M. Kennedy
Opinion assigned by
John Paul Stevens
How the case arrived
Certiorari
Issue (SCDB)
Obscenity, federal
Issue area
First Amendment
Legal provision
18 U.S.C. § 2252
Type of law
Infrequently litigated statute
Held unconstitutional
An act of Congress
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Chief Justice William H. RehnquistDissentWrote an opinion
Justice John Paul StevensMajority
Justice Sandra Day O'ConnorDissentWrote an opinion
Justice Antonin ScaliaDissent
Justice Anthony M. KennedyMajorityWrote an opinion
Justice David H. SouterMajority
Justice Clarence ThomasSpecial concurrenceWrote an opinion
Justice Ruth Bader GinsburgMajority
Justice Stephen G. BreyerMajority

Full case caption

John D. Ashcroft, Attorney General, et al. v. the Free Speech Coalition et al.

SCDB identifiers: case 2001-038, docket 2001-038-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error