6/30/2004

The Supreme Court recognizes that a Clintonian anti-porn law threatens free speech protections: The Supreme Court on Tuesday rejected Congress's latest effort to curb children's access to sexually explicit material on the Internet. But at the same time it gave the Bush administration a second chance to defend the law as a trial on its constitutionality goes forward in Federal District Court in Philadelphia. The 5-to-4 majority kept in place an order that the district court issued in 1999, blocking enforcement of the Child Online Protection Act until its validity can be resolved. The six-year-old law, which imposes criminal penalties of as much as $50,000 a day on commercial Internet sites that make pornography available to those younger than 17, has never taken effect. The decision came on the final day of the Supreme Court's term. Justice Anthony M. Kennedy, writing for the majority, said that the government must now show why the voluntary use of filters to screen out material unsuitable for children would not work as well as the law's criminal penalties. Filters "impose selective restrictions on speech at the receiving end, not universal restrictions at the source," Justice Kennedy wrote.

0 Comments:

Post a Comment

<< Home