New Mass. Law Extends Censorship to Web, IM, Email

BOSTON — The American Civil Liberties Union, along with other organizations, is challenging a new Massachusetts statute that went into effect this week that is intended to ban distribution by the Internet of "matter harmful to minors."

The new obscenity law extends transmission of obscene material to web content, instant messaging, email and cellphone text messaging.

Plaintiffs in a suit filed this week said the law may have been intended to protect children from sexual predators, but that its effect is too broad.

John Reinstein, legal director of the ACLU of Massachusetts, said in a statement that there was no way for Internet content providers to know how old the users were who were accessing their content and to restrict access to minors.

"[I]nternet content providers will be limited to the range of their speech," Reinstein said.

Further, the law could lead to bans on constitutionally protected speech on topics such as sexual health, literature and art.

The statute previously defined the "matter" that could be harmful as any "handwritten or printed material, visual representation, live performance or sound recording," including books, magazines and movies.

Plaintiffs named to the suit include the Comic Book Legal Defense Fund, the Association of American Publishers, the American Booksellers Foundation for Free Expression and Harvard Book Store.

The battle is reminiscent over the subsequent lawsuit over Child Online Protection Act (COPA) in ACLU vs. Mukasey. COPA was invalidated by the 3rd U.S. Circuit Court of Appeals in 2003.

In addition, seven state laws containing similar content-based restrictions for online communication have been struck down or restrained as unconstitutional in cases brought by ACLU state chapters and other groups in Arizona, Michigan, New Mexico, New York, South Carolina, Vermont and Virginia.

Penalties for violating the updated Massachusetts statute include five years in prison or a $10,000 fine or both.

Related:  

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

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.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

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

Show More