Just seen a report on Business Week that the US Child Online Protection ACT (COPA) has been upheld as unconstitutional once again. For the second time, District Judge Lowell Reed Jr., has ruled that the government failed to prove that there are less restrictive means of protecting children from obscenity online.
In the ruling, the judge said parents can protect their children through software filters and other less restrictive means that do not limit the rights of others to free speech. “Perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection,” wrote Senior U.S.
The Supreme Court (in a 5-4 decison) had remanded the case back to the Court after also indicating that filters may be a more effective solution in combating access to pornography.
Can’t find a copy of the jusgement yet, but may have more to say once I have found/read it.
Great (and common sense) decision.
Update: Final Adjudication text