COPA struck down - again

shouldn’t there be a law restricting how many times a badly written impractical law can be offered up before it’s barred?

WASHINGTON - A federal appeals court Tuesday agreed with a lower court ruling that struck down as unconstitutional a 1998 law intended to protect children from sexual material and other objectionable content on the Internet.

                    The decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia is the latest twist in a decade-long legal battle over the Child Online Protection Act. The fight has already reached the Supreme Court and could be headed back there.

The law, which has not taken effect, would bar Web sites from making harmful content available to minors over the Internet. The act was passed the year after the Supreme Court ruled that another law intended to protect children from explicit material online — the Communications Decency Act — was unconstitutional in the landmark case Reno v. American Civil Liberties Union.

The ACLU challenged the 1998 law on behalf of a coalition of writers, artists, health educators and the publisher Salon Media Group.
ACLU attorney Chris Hansen argued that Congress has been trying to restrict speech on the Internet far more than it can restrict speech in books and magazines. But, he said, “the rules should be the same.”
Indeed, the Child Online Protection Act would effectively force all Web sites to provide only family-friendly content because it is not feasible to lock children out of sites that are lawful for adults, said John Morris, general counsel for the Center for Democracy & Technology, a civil liberties group that filed briefs against the law.

In its ruling Tuesday, the federal appeals court concluded that the Child Online Protection Act is unconstitutionally overly broad and vague. The court also ruled that the law violates the First Amendment because filtering technologies and other parental control tools offer a less restrictive way to protect children from inappropriate content online.

Morris argued that filters also provide a more effective way to protect children since they can block objectionable Web sites that are based overseas, beyond the reach of U.S. law.

For its part, the Justice Department said it will review the ruling before deciding its next step.

“We are disappointed that the court of appeals struck down a congressional statute designed to protect our children from exposure to sexually explicit materials on the Internet,” said department spokesman Charles Miller.
If the case ends up before the Supreme Court, it would not be the first time that the justices have considered the Child Online Protection Act. In 2004, the high court upheld a ruling that the law violates the First Amendment. But the Supreme Court sent the case back to the district court to determine whether any changes in blocking software would affect the law’s constitutionality.
http://news.yahoo.com/s/ap/20080722/ap_on_hi_te/internet_blocking;_ylt=Al81hs2l5qzc2j7pbdHSmbes0NUE

Re: COPA struck down - again

Why can’t parents just keep an eye on their own fucking kids?
Jesus. I’m so sick of people who have kids and expect everyone else in the world to change their lives around their family.
My sister has a son and you know what, she keeps the computer in the living room where she can watch him online and see what he’s doing. He’s only allowed to go to a few certain sites and thats it.
Its called parenting, and common sense.

Re: COPA struck down - again

[QUOTE=MrMax;16212]Why can’t parents just keep an eye on their own fucking kids?
Jesus. I’m so sick of people who have kids and expect everyone else in the world to change their lives around their family.
My sister has a son and you know what, she keeps the computer in the living room where she can watch him online and see what he’s doing. He’s only allowed to go to a few certain sites and thats it.
Its called parenting, and common sense.[/QUOTE]

I have to agree, I have no children and I am not responsible for the actions of children who’s parents are to damn lazy to keep an eye on what they are doing.
You made them, you take care of them…

Re: COPA struck down - again

and there are worse things than porn out there. i’ve accidently stumbled across a video of a company that was boiling animals to kill them, we’ve all seen pics of torture, murdered people and surgery. i really wish parents would learn to use filtering software - kids don’t need to see adult stuff!!!

but what else bothers me is that the u.s. wastes time and money when these jerks try and put through what is almost the same law over and over and over. i believe that if there isn’t a substantial change to a law that is rejected as unconstituional or overbroad addressing those issues, those laws shouldn’t be allowed to be re-offered.

Re: COPA struck down - again

[QUOTE=basschick;16236]and there are worse things than porn out there. i’ve accidently stumbled across a video of a company that was boiling animals to kill them, we’ve all seen pics of torture, murdered people and surgery. i really wish parents would learn to use filtering software - kids don’t need to see adult stuff!!!

but what else bothers me is that the u.s. wastes time and money when these jerks try and put through what is almost the same law over and over and over. i believe that if there isn’t a substantial change to a law that is rejected as unconstituional or overbroad addressing those issues, those laws shouldn’t be allowed to be re-offered.[/QUOTE]

This whole “protecting the children” thing is just a means of the religious right trying to impose their beliefs on Americans. There should be a limit on how often they can clog up our legal system with re introducing these laws.

A parents personal responsibility is the best protection for their children.

So many of our resources are wasted fighting “morality” within our own ranks in America, it’s unfortunate.

After living in a country that has universal health care, legalized prostitution, a low crime rate and rarely a cop, or cop car, ever seen, you tend to realize how far we have to go to catch up with other industrialized western nations. These greedy self righteous religious freaks continue to set our country back and give us a bad name around the world.

Re: COPA struck down - again

Just as with the Appeals Court that threw out the FCC fine against CBS over the Janet Jackson Super Bowl incident aired on TV.

While that whole process was a major assault on he First Amendment by the Bush Administration. through unjust and arbitrary imposing of fines on speech, each time the Bush is repulsed, another nail is driven into the coffin of the zealot movement.