Skip to: Content
Skip to: Site Navigation
Skip to: Search
THURSDAY, NOVEMBER 26, 2009
| Subscribe to Newser's RSS feeds RSS | Follow Newser on Twitter Twitter


2

Supreme Court Strikes Down Web Porn Law

Overturns Child Online Protection Act on 1st Amendment grounds

Share

(Newser) – The US Supreme Court closed the door today on legislation designed to protect children from Internet pornography, the New York Times reports. The legislation, which was signed into law in 1998 but never took effect, was repeatedly struck down on First Amendment grounds. It set strict fines and jail time for providers who made explicit material available to minors.

Free-speech advocates argued that providers of legitimate material, like sexual education, could be prosecuted under the law, and that private filters were more effective. Judges reluctantly agreed. “Perhaps we do the minors of this country harm,” one wrote, “if the First Amendment protections are chipped away in the name of their protection.” The Court refused to hear a final appeal by the Bush administration.

The Court hears an argument.
The Court hears an argument.   (AP Photos)
Supreme Court Justices Anthony Kennedy, Clarence Thomas, and Ruth Bader Ginsburg arrive for the inauguration of Barack Obama.
Supreme Court Justices Anthony Kennedy, Clarence Thomas, and Ruth Bader Ginsburg arrive for the inauguration of Barack Obama.   (AP Photo)
Members of the US Supreme Court.
Members of the US Supreme Court.   (AP Photo)
The steps of the US Supreme Court building.
The steps of the US Supreme Court building.   (AP Photo)
A couple in flagrante.
A couple in flagrante.   (Shutter Stock)
« Prev« Prev | Next »Next » Slideshow
OFF THE GRID
11.24.09
Murdoch and Microsoft: The Mice Are Trying to Roar
11.23.09
Books Are Bad for You
2 comments
VIEWING:
 
riffran
Jan 21, 09 7:18 PM CST
Good intention, difficult multi-faceted problem, coupled with verrrrry creative people seeking to peddle their product(porn), and a willingness to do what it takes to get around anything that stops it...There is no one single law or solution to that problem....The best web filter, that can do it all, is the responsible concerned parent, who takes charge of their kids and pays constant attention to what their children are doing........There are always exceptions and issues to any solution, but if enough parents make the effort ,the problem will diminish, but will probably never go away Reply
Vote up! Vote down!
0
anchower
Jan 21, 09 11:27 PM CST
I don't believe the Supreme Court struck the law down, exactly. They just declined to hear the challenge, leaving the lower court's finding of unconstitutionality effective. If I'm not mistaken. Reply
Vote up! Vote down!
0
LEAVE A
COMMENT Comment Policy
Facebook ConnectPost this comment to Facebook?

After connecting you will have the option to post your comment on your Facebook profile.

 

Related Newser Stories

49 Stories

OPINION

 Help! We're Being 
 Killed by Cuteness 

This is what happened to Japan after WWII, and it's terrible

Nov 14, 09 6:17 AM CST
(Newser) - There is an epidemic of cuteness in the country, Jim Windolf writes, symptomatic of our national desire to be loved and taken care of after 8 years of George W. Bush and a much-diminished standing in the world. The signs are everywhere: giggling babies, LOLcats, cupcakes, “cutegasms,” the... More »

MORE ABOUT:
Bush administration • Internet • YouTube • Japan • LOLcats • cute • cuteness • malaise • national mood

OPINION

 Shine a Light 
 on Sneaky TV 
 Product Placement 

Do you know when you're being sold something?

Oct 30, 09 10:49 AM CDT
(Newser) - You can tell when you’re watching a commercial, right? Not at all, writes NE Marsden , and that’s a huge problem. A new FTC measure seeks to expose the practice of paid consideration—“stealth advertising” is a better phrase—online by requiring bloggers and marketers to disclose remuneration,... More »

MORE ABOUT:
entertainment • television • Internet • advertising • FCC • marketing • children • FTC • product placement • Federal Communications Commission • Federal Trade Commission

 Swine Flu-Wary 
 Telecommuters 
 Could Floor Internet 

Report finds surge in demand might make telecommuting unfeasible

Oct 28, 09 6:06 AM CDT
(Newser) - Telecommuters hunkering down at home because of swine flu could overwhelm Internet networks in the coming weeks, a federal watchdog reports. The report earlier this week found that no guidelines are in place to deal with any surge in demand caused by a spike in workers telecommuting and students going... More »

MORE ABOUT:
Internet • Department of Homeland Security • Government Accountability Office • telecommunications • Internet service providers • pandemic • telecommuting • swine flu • H1N1 virus

49 Stories


On today's decisions
SCOTUSblog

Filters block content law can't touch, says ACLU
Bloomberg

More on the Court's previous decision
Los Angeles Times


Crime & Courts 
TwitterFollow @NewserCrime on Twitter

 
Bush administration • Internet • pornography • children • Clinton administration • Internet service providers • US Supreme Court • minor • Child Online Protection Act

from our news partners