Supreme Court Bars Enforcement of COPA
-- Klixxx Staff Report
(June 29, 2004) - The US Supreme Court barred enforcement of the 1998 Federal COPA (Child Online Protection Act) today that was intended to keep Internet pornography away from minors. It was defeated because it was said to "likely violate" constitutional free-speech rights.
According to a Reuters report [LINK], the enforcement of this law was defeated by a 5-4 vote and was sent back to federal court for a full review.
Solicitor General Theodore Olson of the Justice Department defended COPA as being constitutional and said, "it could be compared with state laws that require stores to put pornographic magazines in racks with sealed wrappers or in opaque covers."
Ann Beeson of the ACLU argued that the law would "suppress large amounts of speech that adults have the right to receive online" and said that the law would "cover popular Web-based chat rooms and discussion boards on sexual topics."
"The law in question requires that Web site operators use credit cards or adult access codes and personal identification numbers to keep minors from seeing harmful pornography. Violators face up to six months in prison and fines of as much as $50,000 a day." Said the Reuters report.
This majority ruling means that the Justice Department will be barred from bringing any cases to criminal court under COPA. Justice Anthony Kennedy sent the case back to a Philadelphia federal court for a full trial to help settle the dispute. One issue under consideration is to determine whether blocking and/or filtering software could be an alternative that would be less restrictive. "Content-based prohibitions, enforced by severe criminal penalties, have the constant potential to be a repressive force in the lives and thoughts of a free people," Justice Kennedy wrote in the majority opinion ruling.
Adult webmasters expressed mixed opinions on the eve of the ruling. On popular webmaster community message board, Oprano.com, arguments were made both for and against the enforcement of COPA.
Opposing COPA, The Enforcer is quoted as posting: "Freedom over fortune any day of the week. There are a million and one different ways to make money but losing and/or restricting freedoms just does nothing more than encourage those idiots to take more of them away."
Whereas Vick posted in support of the opportunities that could come from an enforcement ruling on COPA: "In fact let me go on the record and be so bold as to say, without COPA this industry will continue to die... and the speed of the death is quickening. At the current rate I don't expect a lot to last through the summer. ...So in an oversimplification - if you're against COPA being upheld you're against the industry - or at the very least against profits and a return the the heyday of the adult Internet."
Whatever your opinion, the US Supreme Court has made its ruling. However, COPA will be considered once again, this time in a Philadelphia federal court in a full trial to consider additional alternatives for enforcement.
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