Can't Stop the Porn
Published March 08, 2003
Another ruling against the federal online porn law:
- A federal appeals court has ruled that a law meant to safeguard children against Internet pornography is riddled with problems that make it "constitutionally infirm."
A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Thursday that the Child Online Protection Act restricted free speech by barring Web page operators from posting information inappropriate for minors unless they limited the site to adults. The ruling upheld an injunction blocking the government from enforcing the law.
The court said that in practice, the law made it too difficult for adults to view material protected by the First Amendment, including many non-pornographic sites.
....Previously, the 3rd Circuit had ruled the law unconstitutional on grounds that it allowed the legality of Internet content to be judged by "contemporary community standards."
On appeal, the Supreme Court said that evaluation standard alone did not make the law unconstitutional, and sent the case back for further evaluation.
In Thursday's opinion, the court said that in seeking to define material harmful to minors, the law made no distinction between things inappropriate for a 5-year-old and things harmful to someone in their early teens.
The judges said that while the law sought to get around free-speech arguments by making the restrictions apply only to Web operators who posted material for "commercial purposes," it didn't address what level of profitability was required.
The court also said screening methods suggested by the government, including requiring Web-page viewers to give a credit card number, would unfairly require adults to identify themselves before viewing constitutionally protected material such as medical sites offering sex advice. [Washington Post]
- Can't Stop the Porn
- Published: March 08, 2003
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- Section: Sci/Tech
- Filed Under: Sci/Tech: Internet
- Writer: Eric Olsen
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there is a lot of bad stuff on the web but its not up to the judges to regulate. it ought to be up to parents to monitor their kids. its tough but let us not limit speech as a habit.