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

Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Show More