Closing Arguments Begin in COPA Trial

PHILADELPHIA — After a four-week trial, U.S. District Judge Lowell Reed will hear closing arguments in the Child Online Protection Act case. The case, which pits a host of plaintiffs represented by the ACLU against the U.S. government, will determine the constitutionality of the 1998 law that — if enforced — mandates age verification for websites containing material considered “harmful to minors.”

The bench trial represents a last ditch effort on the part of the government to save the controversial law that imposes a $50,000 fine and up to six months in prison for website operators who fail to comply with the law’s age verification requirements.

In 1999, Reed issued an injunction against the law, saying there was a “substantial likelihood” that it violated the 1st Amendment. The U.S. Supreme Court agreed with Reed in 2004 when it ruled 5-4 in favor of the plaintiffs. But the high court didn’t completely kill COPA in the ruling, which ordered a trial where the government could make the case that the law is a reasonable restriction on free speech or that the use of filters was a less restrictive alternative that could save the law.

During the trial, a host of experts testified on both sides.

Justice Department lawyers relied on Rutgers University linguistics professor Stephen Neale, who told the court that no filter could succeed in blocking every porn site. Neale also made the point that filters run the risk of blocking legitimate sites. For example, most filters would likely block a site dedicated to the issue of breast cancer, Neale said.

To make the case that COPA is an overbroad restriction of protected speech and that filters are a better solution, ACLU lawyers called upon a range of artists, online writers and filtering experts as witnesses in the trial.

"Since Congress passed this law, the Internet has changed and it is now clear that this harsh, criminal law won't come close to achieving its goals," ACLU staff attorney Chris Hansen said. "It is also clear that other alternatives, including education and filtering, are far more effective for those parents who want to limit access by their children to certain websites using their own values."

The ACLU will present its closing arguments today. Justice Department attorneys will then give their closing arguments.

A ruling is expected early in 2007.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'Sex Workers Are Part of the "Everyone" That Deserves Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and businesses.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Show More