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Law Protecting Children from 'Harmful' Content Deemed Unconstitutional

Law Protecting Children from
The Child Online Protection Act (COPA) was passed in 1998 following a similar law that was struck down as unconstitutional by the Supreme Court. COPA, which never went into effect, would have made it illegal for Web sites to make sexual or objectionable content available to minors.

The challenge was handled by the ACLU on behalf of a coalition of writers, artists, educators, and the Salon Media Group. The federal appeals court that handed down the ruling agreed with the decision of a lower court that struck down the law on the grounds that it violated the First Amendment and was overly broad and vague.

The law would have essentially forced all U.S.-based Web sites to provide only "family friendly" content since there is no effective barrier for keeping minors locked out of a Web site. Additionally, this law wouldn't affect overseas-based sites, which are not subject to U.S. law. John Morris, from the Center for Democracy & Technology, argued that filters and parental controls are not only less restrictive, but are also more effective at protecting children from objectionable content since they can be applied to Web pages hosted internationally as well.

The Justice Department may take the case to the Supreme Court, where, in 2004, justices agreed that COPA was unconstitutional, but sent the case back to the lower courts to determine if advances in filtering technology would affect the law's constitutionality. [Source: CBS and USA Today]

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