Child Online Protection ActSupreme Court Declines Appeal of Child Online Protection ActAuthored by Mark Hefflinger on January 21, 2009 - 12:58pm.
Supreme Court Rules Against Child Online Protection ActAuthored by Mark Hefflinger on June 29, 2004 - 7:12am.
Washington, D.C. -- By a 5-4 margin, the U.S. Supreme Court on Tuesday ruled that legislation aimed at protecting children from Internet pornography violates free speech rights. While shooting down the measure, however, the justices left the door open for the Child Online Protection Act (COPA) to make a comeback, ruling that a lower court should decide whether technological advances now make it possible to block "harmful" online material from children while still preserving the rights of adults. Voting with the majority, Justice Anthony Kennedy wrote that while Internet filters undeniably have flaws, "content-based prohibitions" like COPA "have the constant potential to be a repressive force in the lives and thoughts of a free people." The decision was seen as a victory for the American Civil Liberties Union (ACLU). "The Court has made it safe for artists, sex educators and web publishers to communicate with adults about sexuality without risking jail time," said Ann Beeson, who argued the case for the ACLU last March and earlier in 2001.
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