Internet Pornography Law Blocked by U.S. High Court (Update2

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Internet Pornography Law Blocked by U.S. High Court (Update2)

http://quote.bloomberg.com/apps/news?

June 29 (Bloomberg) -- The U.S. Supreme Court, citing free- speech
concerns, blocked a federal criminal law that would bar commercial Web
sites from making pornography available to children.=20

The justices, voting 5-4, said the law may unduly restrict access by
adults to material that is sexually suggestive, yet constitutionally
protected. Justice Anthony M. Kennedy said an alternate approach,
blocking and filtering software, may be a more effective way to restrict
youth access to online smut.

...

The 1998 Child Online Protection Act, which has never been enforced,
would require commercial Web site operators who display pornography to
screen out children by requiring a credit card number or adult access
code. Violators would face up to six months in jail.

The law was challenged by the ACLU, Salon Media Group Inc., the
Philadelphia Gay News and other organizations. Those groups say the
measure would have a chilling effect on speech by creating a risk of a
jail term even for putting non-obscene material online, such as
information on obstetrics and gynecology, information on sales of books
and photos and discussions about homosexuality.

...

"Speakers may self-censor rather than risk the perils of trial,''
Kennedy's opinion said. ``There is a potential for extraordinary harm
and a serious chill upon protected speech.''

Joining his opinion were Justices John Paul Stevens, David H. Souter,
Clarence Thomas and Ruth Bader Ginsburg.

..

Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor,
Antonin Scalia and Stephen G. Breyer dissented, saying the law is
constitutional.

The Bush administration defended the statute in court, saying such
alternatives as filtering software had proven ineffective in shielding
children from pornography.

...

The case is Ashcroft v. ACLU, 03-218.=20

Chuck Hamaker
Associate University Librarian Collections and Technical Services
Atkins Library
University of North Carolina Charlotte
Charlotte, NC 28223
phone 704 687-2825