Quick Index
 Adult Industry News
Search AINews Database
Type Keyword or Phrase Here
Pornography feminists unshackle their desires and celebrate their sexuality in the patriarchal world EXPO 2015, August 23-26, New Orleans
   
 

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

Caliente Swinger Vacations!

Join Tera Patrick

June 22, 2000 04:57pm
Appeals Court Rules Against Internet Porn Law
Source: Reuters
by: David Morgan

(PHILADELPHIA, PA) -- A federal appeals court ruled the U.S. government's latest bid to restrict Internet pornography unconstitutional on Thursday, dealing a fresh blow to congressional efforts to protect minors from online smut.

In a unanimous decision, a three-judge panel of the 3rd U.S. Circuit Court of Appeals reluctantly upheld an earlier ruling by a lower court judge who found that the Child Online Protection Act violated the First Amendment right to free speech.

Appeals court Judge Leonard Garth described the government's intention to protect minors as ``laudatory'' in a 33-page opinion that echoed the words of U.S. District Judge Lowell Reed, who imposed an injunction against the law in February 1999.

``Sometimes we must make decisions that we do not like,'' he said. ``We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result.''

COPA, which was enacted by Congress and signed by President Clinton in 1998, would prevent minors from accessing pornographic sites on the World Wide Web by requiring commercial site operators to impose electronic proof-of-age barriers.

Violators would face up to six months in prison and $50,000 in fines for each violation.

But the new law quickly ran into a federal court challenge from the American Civil Liberties Union (ACLU) and 17 plaintiffs, including online magazine publishers, booksellers and gay rights organizations.

Reed imposed an injunction to stop the law from taking effect, saying it violated the First Amendment right to free speech, partly because site operators had no effective means of screening out minors.

After hearing arguments last November, the 3rd Circuit appellate panel noted that Web site operators would also be unable to determine the geographic location of site visitors using a worldwide computer network.

``What it really illustrates is how totally unconstitutional this law was,'' said Chris Hansen, senior staff counsel with the ACLU.

``This suggests it may be difficult for Congress if they want to try yet again to craft a constitutionally acceptable law.''

Members of Congress had hoped the law would succeed where its predecessor, the Communications Decency Act, failed. That earlier piece of legislation, which had sought to prevent all Internet users from distributing pornography to minors, was struck down in 1997 by the U.S. Supreme Court.

Rep. Michael Oxley, the Ohio Republican who authored much of COPA, was not available for comment.

A spokeswoman for the Justice Department, which argued the case for the government, said the ruling was under review and ''appropriate action'' would be taken.

Pornography feminists unshackle their desires and celebrate their sexuality in the patriarchal world


RavenBay02.3gp

See BiBi Jones at Digital Playground

Top Stories

Dee, Michaels in Alabama

Nikki Benz Headlines Ohio

Raven Bay's Big Tits

Adult Film Fest LV October

AVN Tickets On Sale

Galaxy Stars to Exxxotica

Exxxotica Dallas Official Statement

Danger Builds Darth Vibrader

Caribbean Playground Party

Lesbian Training Day 4

Vice is Nice Event

Rock’N’SeXXXy UnCensored Thursday

Casting Call

5X Raven Bay

Desiree Deluca on TV

MWA: 07/12/15

ABK Beta Users Free

Casey Calvert's IR Gangbang

After Hours on CyberstationUSA

D Wise Fights for Life

Girlfriends Celebrates Caitlyn Jenner

The V Agency Joins LATATA

Amateur Allure New Lines

ED Awards Host Thea Vidale

Freedom Acres Anniversary Party

Throwback Expo Registration Rates!

Tanya Tate at Comic Con

Bridget the Midget at Vivid Houston

Amia Miley Brazzers Contract

Epoch Club Special Event

Shade X from Smash

BBW Con 2015

UKAP Awards Site Live

Nikki Phoenix Radio Update

Ideal Image Supperclub Party

MWA: 06/12/15

XBIZ 2016 Announced

The Interview XXX

Starfall to Exxxotica

Mercy West Available

Library Girl at Exxxotica

Karmen Karma Top Shelf

MWA: 06/08/15

More
Stories From

Law & Politics

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

ASACP at XBIZ 360

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

Vette Scores on AFF

Three Stooges Porn Controversy

Suing: Wasn't Sexy Enough

Lords of Acid Censored

Nate Glass on CNBC

Law & Politics Section Index

     
Copyright © 1998 - 2015 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).