Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Are you TOUGH ENOUGH for Joanna Angel? EXPO 2014, August 24-27, Mandalay Bay, Las Vegas

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

Caliente Swinger Vacations!

Kayden Kross at Twistys

April 04, 2002 05:57pm
Update: U.S. Library Porn Trial Ends on Skeptical Note
Source: Reuters/ManNet
by: David Morgan

(PHILADELPHIA, PA) -- a two-week federal trial to determine how far the government can go to protect children from pornography on library computers ended on Thursday with judges openly concerned about whether the latest online smut law from Congress infringes on free-speech rights.

The Children's Internet Protection Act or CIPA, which supporters view as the government's best shot yet at reining in online smut, requires public libraries to install filtering software on all computers or lose federal technology funding.

Attorneys for a plaintiffs' coalition of libraries, library patrons and Web site operators, who want CIPA overturned, said in closing arguments that libraries cannot implement the law without denying patrons their First Amendment right to free speech under the U.S. Constitution.

"We're stuck right in the heart of the First Amendment when we're talking about libraries," observed 3rd U.S. Circuit Court of Appeals Chief Judge Edward Becker.

Becker heads a three-judge panel that will rule by early May on a plaintiffs' request for a permanent injunction against CIPA. Whichever way the ruling goes, the case will be appealed directly to the U.S. Supreme Court.

A key plank in the case against CIPA is the limitations of filtering software products such as CyberPatrol, SmartFilter, WebSense, and N2H2, which are designed to block access to Web sites deemed harmful to children under 17, including more than 100,000 sites with sexually explicit content.

But even the government's attorneys concede that no product on the $250 million filtering software market can screen out objectionable Web sites without also blocking constitutionally protected sites including those of Sports Illustrated, Planned Parenthood and Salon.com.

The law's "terms, if you will, are a sham. Everybody knows you can't comply with its terms," American Civil Liberties Union attorney Chris Hansen told the court.

U.S. District Judge Harvey Bartle appeared to agree. "Every witness has testified that the statute can't be applied according to its own terms," he said.

Judges also seemed concerned that the decision about which of the 11 million World Wide Web sites deserve to be blocked is made by anonymous corporate officials who consider their choices to be vital trade secrets.

*** 'Nameless, Facelss' ***

"The nameless and faceless," intoned U.S. District Judge John Fullam. "What right does the government have to require this kind of filtering system?"

CIPA, the third attempt by Congress to control online pornography, was theoretically designed to weather free speech challenges by seeking only to cut off federal library funds rather than impose direct censorship restrictions.

At stake for the nation's 40,000 public libraries are hundreds of millions of dollars in subsidies, such as grants provided under the Library Service and Technology Act, which are used to automate services and pay for Internet access.

But the case also goes to the heart of the role libraries play as an open source of information in their communities.

The judges expressed empathy for communities that want to protect children from an aggressive commercial pornography industry intent on luring young customers. However, they also recognized the constitutional dangers of leaving censorship decisions to the local majority opinion.

Among the legal issues before the panel is whether judges can overturn CIPA without also branding unconstitutional the filtering systems already in place at libraries in Greenville, South Carolina, and Tacoma, Washington, which both provided evidence and testimony for the government's defense.

"There is no constitutional right to immediate, anonymous access to speech, for free, in a public library," Justice Department attorney Rupa Bhattacharya said in a spirited defense of CIPA that equated filtering software usage to the choices libraries make selecting books for their collections.

"Even if you assume that libraries have a right to provide unfettered access to the Internet, they don't have a right to do so with a federal subsidy," she added. "The crux of this matter is whether or not Congress has the power to decide how to use its money."

The first attempt by Congress to control online smut, the 1996 Communications Decency Act, was thrown out by the Supreme Court as an infringement of free speech. The second, the 1998 Child Online Protection Act, remains sidelined by an injunction with the U.S. high court due to issue a final opinion by mid-year. Both would impose criminal penalties on violators.

Are you TOUGH ENOUGH for Joanna Angel?

Related Stories

Related Sites - WARNING! Graphic Content


See BiBi Jones at Digital Playground

Top Stories

Nikki Phoenix Album Released

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Passport to Hustler Event

Fox News Wasteland

Asianmodelpalooza 14

Nikki Phoenix Appearances

Nikki Phoenix Karaoke XXX

Nina Elle Retains Star Factory

Tasha Reign Grads UCLA

Tera Patrick Hosts Vivid Radio

It's Just Work

Traci Bryant Goes Legal

CET Free Panel Month

Miss LA Karaoke XXX

Freedom Acres Location

Summer Lovers

Nikki Delano at Centerfolds

Karen Summer Returns

Advertise on AINews

Cytherea Auctions Fan Scene

Evil Pin-Ups Karaoke XXX

Monique Alexander in Houston

Reader Comments on Adult Industry

Tribute to Christian Mann

This week on RNSU

TTS Welcomes Bobi & Jen

Sheila Marie on Reality TV

Testing the Waters

Cutting Edge Changes Staff

MWA: 07/23/14

MWA: 07/22/14

MWA: 07/21/14

Tweets = Cash with PornPitch

Proud Parents ~ Reviewer Rated

RNSU July 17

Next Day Test in LV

MWA: 07/13/14

Condomless Sex

The Goddess Lives

A Legend Looks Back

Nikki Phoenix Hosts Palomino

RNSU Thurs July 10

Nikki Delano at Crazy Horse

Resurgence of the Goddess

Pornstar Graduates Law School

July 3 Rock-N-SeXXXy-Uncencored

More on Belle Knox

Morgan Del Ray Karaoke XXX

MWA: 05/21/14

The Temptation of Eve ~ Reviewer Rated

Cumisha Amado on Vivid Radio

Yoga for Lovers

She's Judas & Available

Nikki Delano on Jukeboxx

Lapdance Lingerie in Neighbors

XRCO Welcomes Rich Hansen

IIM Party June 13

Hustler EDM Maniac Party

Layla Price Stars

Julia Sands Karaoke XXX

Susana Molina in Baci Lingerie

Fetish Con Dates

Porn's Greatest Star

James Deen June Promo

Exxxotica Exhibitors Lining Up

AdultVerifiedVideoChat iPad Contest

Sunny Leone Hosts Splitsvilla

Porn Star Game Night

Camming Con Moves Dates

Discount Club Owners Expo Tickets

Teal Conrad at Sapphire NYC

Exquisite Distributes DDF

Cherie Deville Returns

Alana Evans at WonderCon

Risque Starr Sisters Parties

Natasha Voya PSK

The Sexual Liberation of Anna Lee ~ Reviewer Rated

Carter Cruise at Exxxotica

Belle Knox at Exxxotica

Rock'N'SeXXXy & Hustler

Puma Swede Opens Desire

Nikki Phoenix XRCO Nom

Maddy O'Reilly is Slutwoman

Alex Chance jGrrl

Tony Batman Conquers LA

Alexa Aimes NYC Tour

2014 AVN News Rack Part 2

Roxanne Rae Available

Minka Karaoke XXX

Rio Lee Heads Cherry Pimps

Immoral Mayhem

XRCO Sponsorship Opportunities

Rotten Hosting Vivid Radio

Cherie Deville Available

Tony Batman Crazy Appearances

Inside The Industry 03/19/2014

Chanel Preston Interview

Alicia Silver Productions Content

Adrianna Luna Dance Dates

Entertainment is Entertainment is Entertainment

Stories From

Law & Politics

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

Mo Reese FSC Nom

Amber Lynn Seeks FSC Board

Suit Against Measure B

Law Puts Con in Condom

No on B: Here's Why

NO on B Campaign

NO on B Bus Tour

GFY: Vote No on B

Margold on Erection Election

Alex Chance in Documentary

Yahshua: No On B

No On 35 Rally

Why No On B

Measure B Threatens Freedom

Measure B Protest Video

No On B Raffle

Alia Janine: No On B

AHF Vilifies Porn

No on B Event

Alia Janine Against Measure B

Fight Measure B

Takedown Piracy Removes 10,000,000

John Stagliano Keynotes CatalystCon

Hirsch Blasts Trueman

Hirsch Cautions GOP

LATATA Files Injunction

Child Porn Hotline Increased

Vette Scores on AFF

Nicole Houde Assault Arrest

YouJizz Sued

Dickinson Defends Travolta

Kardashian/Humphries Divorce Deposition

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

Copyright © 1998 - 2014 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).