In writing the 1998 law, Congress said "contemporary community standards" should guide what is harmful to children. Civil liberties defenders said that the standard would lead to the most prudish place in America having veto power over the most liberal, because Internet material is available to them both. The ACLU also said the community standards idea would force legitimate Web site operators to self-censor, for fear of running afoul of someone's idea of what is inappropriate for children.
The Third U.S. Circuit Court of Appeals agreed, and ruled that the standards issue alone made the law unconstitutional. The Bush administration appealed to the Supreme Court, which delivered a partial victory for the government two years ago. The court said at that time that, by itself, the community standards issue didn't make the law unconstitutional. The justices then sent the case back for a fuller examination of the other free speech objections raised by the ACLU.
The Philadelphia-based federal appeals court then struck down the law a second time, on much broader First Amendment grounds, and the administration again appealed to the Supreme Court. (Ashcroft v. ACLU)
Copyright © 2004 Associated Press
About the Author
Robert T DeMarco is CEO of IP Group in Herndon VA. IP Group offers software communication tools for use on the Internet. These include: PowerTools, Watch Right, Always on Time and IM Frame. Mr. DeMarco is the author/editor of several Weblogs and is also a member of the High Tech Crimes Industry Association (HTCIA).
mailto:'rtdemarco@aol.com'
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