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

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

ARPornTube Launches New Site

ARPornTube has officially launched its new site.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

New AI Companion Platform 'SinfulXAI' Launches

SinfulXAI, a new AI companion platform, has officially launched.

Show More