Copyright Law

Justices Reject COPA Case

By Andrew Raff, Esq.

The New York Times reports, Justices Reject Pornography Law: "Without comment, the court handed down an order declining to take the case of Mukasey v. A.C.L.U., No. 08-565. The administration of former President George W. Bush, through Attorney General Michael Mukasey, had asked the justices to review the law. The American Civil Liberties Union has been a leading foe of the statute."

In ACLU v. Mukasey (2008) the Third Circuit Court of Appeals affirmed the District Court opinion that the Child Online Protection Act (COPA) violates the First and Fifth Amendments because it is not narrowly tailored to advance the Government's compelling interest in protecting children from harmful material on the internet, there are less restrictive and equally effective alternatives (filtering technology) and the statute is impermissibly overbroad and vague.

Previously: Won't Somebody Please Think of the Children (June 2008)
Pennsylvania Porn Prohibition Pronounced Unconstituional (2004)
Ashcroft v. ACLU (2004)
Ashcroft v. ACLU link roundup (2004)

Full post as published by IPTAblog on January 21, 2009 (boomark / email).