U.S. Justices Revisit COPA

The U.S. Supreme Court Tuesday revisited the issue of online pornography in another attempt to require Web safeguards.

The justices are examining free-speech ramifications of the 1998 Child Online Protection Act, which would make it a crime for commercial Web sites to knowingly place material that is “harmful to minors” within their unrestricted reach.

COPA could mean six months in jail and $50,000 in fines for first-time violators and additional fines for repeat offenders. It is on hold pending court challenges.

The justices struck down the first version of a child-protection law passed in 1996, and refused to sign off on a replacement law passed two years later. That law has never taken effect. The case, Ashcroft v. ACLU, is now before the justices for a third time.

The American Civil Liberties Union is challenging the law on behalf of Web site operators, online bookstores and artists. ACLU claims COPA violates the First Amendment guarantee of free speech.

The ACLU argued in a court filing that COPA was unconstitutional censorship when it was passed and is both unconstitutional and unnecessary now. COPA ignores other, potentially effective tools to protect children, such as filtering software, the ACLU said.

“COPA was passed in 1998, when the Internet was still relatively new and less understood,” ACLU lawyers argued in a filing. “COPA’s bludgeon suppresses an enormous amount of speech protected for adults and is unnecessary and ill-tailored to address the government’s interest in protecting children from sexually explicit content.”

Free pornography is easy to find online, placed there as a hook to lure paying customers, the Bush administration and its backers argue. Minors can find that free material as easily as adults, although it would be illegal for a store owner to sell them a paper copy of a magazine that shows the same images.

“Minors today can search the Web as easily as they can change television channels,” Solicitor General Theodore Olson, the Bush administration’s top Supreme Court lawyer, argued in a court filing. “Thus, in the seclusion of their homes or those of friends, unsupervised minors can, with the click of a mouse, visit one pornographic site after another.”

Type in the words “free porn” on Google, and you get a list of more than 6 million websites, Olson told the court. “I didn’t have time to go all the way through those sites,” he said.

Copyright © 2025 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

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts PornHub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Show More