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Particularly in the gentle of the absence of any detailed findings by the Congress, or even hearings addressing the unique difficulties of the CDA, we are persuaded that the CDA is not narrowly tailored if that need has any this means at all. The conclusions of the District Court make distinct that this premise is untenable. Second, one of the "countervailing considerations talked about in Brockett is existing right here. In thinking about a facial problem, this Court may impose a restricting construction on a statute only if it is "commonly susceptible to these types of a development. Justice STEVENS sent the feeling of the Court. Justice O'CONNOR, with whom THE Chief JUSTICE joins, concurring in the judgment in portion and dissenting in aspect. While we talk about the vagueness of the CDA for the reason that of its relevance to the First Amendment overbreadth inquiry, we conclude that the judgment need to be affirmed with no achieving the Fifth Amendment issue. §223(a)(1)(B) and the terms "patently offensive and "in context in §223(d)(1) had been so imprecise that legal enforcement of possibly section would violate the "essential constitutional principle of "uncomplicated fairness, id., at 861, and the particular protections of the First and Fifth Amendments, id., at 858. He found no statutory basis for the Government's argument that the challenged provisions would be used only to "pornographic materials, noting that, compared with obscenity, "indecency has not been described to exclude functions of significant literary, inventive, political or scientific benefit. Id., at 863. Moreover, the Government's declare that the do the job ought to be deemed patently offensive "in context was itself imprecise due to the fact the relevant context may well "refer to, amid other matters, the character of the conversation as a complete, English Sex com the time of day it was conveyed, the medium employed, the identification of the speaker, or whether or not or not it is accompanied by suitable warnings. Id., at 864. He believed that the special nature of the Internet aggravated the vagueness of the statute