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 © 2026 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

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches WebXR-Enabled Site

VirtualRealPorn has officially launched its new site, built on Web Extended Reality (WebXR) technology.

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

Pearl Industry Network Launches 'TrustLink' Creator Verification Platform

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free creator verification platform.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

Show More