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Third Circuit finds Child Online Protection Act facially unconstitutional

By Douglas A. Berman

The Third Circuit has been giving the Constitution a work out recently.  Late last week, as detailed here, it found unconstitutional a federal law prohibiting distribution of images of animal creulty, and today it finds that the Child Online Protection Act facially violates the First and Fifth Amendments. Today's unanimous panel ruling in ACLU v. Atty Gen USA, No. 07-2539 (3d Cir. July 22, 2008) (available here), starts this way: This matter comes on before this Court on an appeal from an order of the District Court entered March 22, 2007, finding that the Child Online Protection Act (?COPA?), 47 U.S.C. § 231, facially violates the First and Fifth Amendments of the Constitution and permanently enjoining the Attorney General from enforcing COPA...continue to full post

Full post as published by Sentencing Law and Policy on July 22, 2008 (boomark / email).