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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

Show More