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
Columns
Movie Spotlight Reviews
Interviews
Pornstar Pages
AINews Staff
Ad Rates
PR 101: Press Release Service

Caliente Swinger Vacations!

Kayden Kross at Twistys

May 22, 2001 01:14pm
US High Court to Decide Internet Pornography Law
Source: Reuters
by: James Vicini

(WASHINGTON) -- The U.S. Supreme Court said on Monday it would hear a Justice Department appeal aimed at allowing the federal government to enforce a 1998 law intended to protect minors from Internet pornography.

The justices agreed to review whether a U.S. appeals court properly barred the law's enforcement on constitutional free-speech grounds because it relies on community standards to identify online material harmful to minors.

Returning to an issue that pits free-speech rights against efforts by Congress to protect minors from online pornography, the high court will hear arguments and then issue its decision during its term that begins in October.

The Child Online Protection Act, adopted by Congress and signed by then-President Bill Clinton in 1998, would require commercial site operators on the World Wide Web to impose electronic proof-of-age systems before allowing Internet users to view material deemed harmful to minors.

First-time violators would face up to six months in prison and a $50,000 fine.

The law, which has never been enforced, was immediately challenged on First Amendment grounds by the American Civil Liberties Union (ACLU) and 17 groups and business, including online magazine publishers and booksellers.

Congress came up with the law in a new effort to regulate access by minors to Internet pornography after the Supreme Court in 1997 struck down the Communications Decency Act of 1996.

JUDGE SAYS LAW MAY BE FATALLY FLAWED

A federal judge issued a preliminary injunction on the grounds that the law violated free-speech rights, saying site operators had no effective way of screening out minors and ruling that the law probably was fatally flawed.

The appeals court upheld the injunction. It specifically objected to the law's reliance on ``contemporary community standards'' and said Web site operators would be unable to determine the geographic location of site visitors using a worldwide computer network.

To comply with the law, operators would have to severely censor their Web sites or would have to adopt age or credit card verification systems to shield minors from material deemed harmful ``by the most puritan of communities in any state,'' the appeals court said.

Acting Solicitor General Barbara Underwood of the Justice Department said in the Supreme Court appeal the case involved the scope of Congress' power to protect minors from sexually explicit online material.

She said the appeals court has perhaps fatally restricted the power of Congress to address ``that serious problem'' and called the ruling ``dramatic and extraordinary in its scope.''

Adult verification services that cost $16.95 a year represent an acceptable ``price to pay for protecting children from the harmful effects of graphic pornographic images,'' she said.

ACLU lawyer Ann Beeson replied that the appeal should be denied. She said the appeals court correctly held that the law would suppress a large amount of speech on the Web that adults are entitled to communicate and receive.

She said the criminal penalties would apply to millions of commercial content providers. A Web site operator could be found guilty for a single description or image on a Web page, and the law would cover Web-based chat rooms and discussion groups.

As an alternative to the law, concerned parents could use blocking or filtering technology to shield children from online pornography, Beeson said.

In a statement, Beeson said, ``We welcome the opportunity to demonstrate to the court that Congress has once again fundamentally misunderstood the nature of the Internet.''

She added, ``How else can you explain a law that makes criminals of our clients, who include the poet Lawrence Ferlinghetti, writers of sexual advice columns and Web sites for a bookstore, an art gallery and the Philadelphia Gay News, to name a few.''

Are you TOUGH ENOUGH for Joanna Angel?


RavenBay02.3gp

See BiBi Jones at Digital Playground

Top Stories

AINews: Skow Among Best

Heaven & Hell Halloween Party

These Things We Do ~ Reviewer Rated

Farrah Abraham at Hustler Hollywood

Sex Workshop Hustler San Diego

Halloween Art Show

O Awards Pre-Noms Open

Trophy Girl Casting Call

Cum in Me Baby 4 ~ Reviewer Rated

More Phoenix Mainstream

BoodiGo Partners PornGuardian

BoodiGo Supports ASACP

BoodiGo Blocks Child Porn

Boodigo Adult Search Engine

AVN Show Discounts End Today

Inside The Industry 10/08/2014

Amber Lynn at Wasteland

Nikki's Fit as Phoenix

Vivid Extends Patrick Hosting

Fake Test Results

Angelyne on Amber Lynn's RNSU

Red Cardinal Wraps Betrothed

Siri Wins Round 2

J.Lo Doc Johnson Offer

Stripclub Microbrewery on CNN

Father's Day ~ Reviewer Rated

Our Father ~ Reviewer Rated

Nikki Phoenix Album Released

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

Entertainment is Entertainment is Entertainment

More
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

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

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).