Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Advertise with AINews Pornography feminists unshackle their desires and celebrate their sexuality in the patriarchal world

Front Page
Film News
Media News
Business News
Clubs & Appearances
Law & Politics
Internet & Mobile News
Lifestyles Arts Health Charity
Letters to the Editor
Movie Spotlight Reviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Porn for GEEKS! Meet me & my friends!

Join Tera Patrick

May 22, 2001 01:14pm
US High Court to Decide Internet Pornography Law
Source: Reuters
by: James Vicini

(WASHINGTON) -- The U.S. Supreme Court said on Monday it would hear a Justice Department appeal aimed at allowing the federal government to enforce a 1998 law intended to protect minors from Internet pornography.

The justices agreed to review whether a U.S. appeals court properly barred the law's enforcement on constitutional free-speech grounds because it relies on community standards to identify online material harmful to minors.

Returning to an issue that pits free-speech rights against efforts by Congress to protect minors from online pornography, the high court will hear arguments and then issue its decision during its term that begins in October.

The Child Online Protection Act, adopted by Congress and signed by then-President Bill Clinton in 1998, would require commercial site operators on the World Wide Web to impose electronic proof-of-age systems before allowing Internet users to view material deemed harmful to minors.

First-time violators would face up to six months in prison and a $50,000 fine.

The law, which has never been enforced, was immediately challenged on First Amendment grounds by the American Civil Liberties Union (ACLU) and 17 groups and business, including online magazine publishers and booksellers.

Congress came up with the law in a new effort to regulate access by minors to Internet pornography after the Supreme Court in 1997 struck down the Communications Decency Act of 1996.


A federal judge issued a preliminary injunction on the grounds that the law violated free-speech rights, saying site operators had no effective way of screening out minors and ruling that the law probably was fatally flawed.

The appeals court upheld the injunction. It specifically objected to the law's reliance on ``contemporary community standards'' and said Web site operators would be unable to determine the geographic location of site visitors using a worldwide computer network.

To comply with the law, operators would have to severely censor their Web sites or would have to adopt age or credit card verification systems to shield minors from material deemed harmful ``by the most puritan of communities in any state,'' the appeals court said.

Acting Solicitor General Barbara Underwood of the Justice Department said in the Supreme Court appeal the case involved the scope of Congress' power to protect minors from sexually explicit online material.

She said the appeals court has perhaps fatally restricted the power of Congress to address ``that serious problem'' and called the ruling ``dramatic and extraordinary in its scope.''

Adult verification services that cost $16.95 a year represent an acceptable ``price to pay for protecting children from the harmful effects of graphic pornographic images,'' she said.

ACLU lawyer Ann Beeson replied that the appeal should be denied. She said the appeals court correctly held that the law would suppress a large amount of speech on the Web that adults are entitled to communicate and receive.

She said the criminal penalties would apply to millions of commercial content providers. A Web site operator could be found guilty for a single description or image on a Web page, and the law would cover Web-based chat rooms and discussion groups.

As an alternative to the law, concerned parents could use blocking or filtering technology to shield children from online pornography, Beeson said.

In a statement, Beeson said, ``We welcome the opportunity to demonstrate to the court that Congress has once again fundamentally misunderstood the nature of the Internet.''

She added, ``How else can you explain a law that makes criminals of our clients, who include the poet Lawrence Ferlinghetti, writers of sexual advice columns and Web sites for a bookstore, an art gallery and the Philadelphia Gay News, to name a few.''

Advertise with AINews



Top Stories

MWA: 02/18/2018

Misty Stone Goes Mainstream

Black Loads Matter

Alexis Amore to Hall of Fame

Baumgartners Wins Best Polyamory

Ryder Wins Best Screenplay

PPK = Porn Party Karaoke

Losers Never Get Laid ~ Reviewer Rated

Pornstar Signature Series

LewdWork Adult Job Board

Scott Taylor Interview

MWA: 01/16/18

Happy New Year 2018

MWA: 12/26/17

MWA: 12/21/17

2018 AVN Awards Nominees

MWA: 12/16/17

MWA: 12/10/17

MWA: 12/09/17

A Season for Hope

MWA: 12/06/17

MWA: 12/05/17

Gonzo with Eddie Powell

Guild Demands New HIV Testing!

ED Award Winners

MWA: 11/07/17

Burlesque Documentary

Farrah Abraham Fired for Porn Return

Heaven and Hell 2017

Stories From

Law & Politics

Prop 60, Part One

Prop 60, Part Two

Official APAG Statement

Darling Running for Assembly

Possible Identity Theft

Bunny Ranch Special

Prop 60 Defeated

Tarts for Trump

Darcy Tyler Jailed

Weiner Offered Media Director

Julia Ann Against Prop 60

Pedophile Olympic Coaches Exposed

Law & Politics Section Index

Alice Polls Her Clients

What Prop 60 Really Is

IEAU Statement on Prop 60

FLOTUS Shatters Porn Search Records

Debbie Wasserman Schultz Offered $50K

Cruz Receives Porn Offer

Performers File Unpaid Wage Claims

Candidate Sex Tape Scandal

Donald Trump Porn Parody

Sex with Donald Trump

Hof Runs for Senate

Hookers for Hillary

Adult's Achilles Heel

AHF's Hidden Agenda

Pistol, Ross Talk Condoms

Modern Comstockery

Hof on Phoenix Hooker Bust

Cal/OSHA vs Evil Angel

Pornstar Graduates Law School

AHF Against AB 999

CraigsErotica Letter to Senators

Amazon Crushes Small Business

Letter of Equality

ASACP Service Recognition Award

Suit Filed Challenging Measure B

ASACP Ready For Internext

Octomom Loses Civil Suit


Crakmedia ASACP Corporate Sponsor

Mo Reese Statement

CAM4 Newest ASACP Sponsor

Takedown Piracy Removes 10,000,000

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Copyright © 1998 - 2018 Adult Industry News (AINews.com)
All materials constituting text, articles, press releases, stories, columns, photographs, graphics, and code on the AINews.com domain are protected by copyright, and either owned by Adult Industry News (AINews.com), or reproduced with permission from other copyright owners. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way, or transmitted to others, without the written permission of Adult Industry News (AINews.com).