Closing Arguments Begin in COPA Trial

PHILADELPHIA — After a four-week trial, U.S. District Judge Lowell Reed will hear closing arguments in the Child Online Protection Act case. The case, which pits a host of plaintiffs represented by the ACLU against the U.S. government, will determine the constitutionality of the 1998 law that — if enforced — mandates age verification for websites containing material considered “harmful to minors.”

The bench trial represents a last ditch effort on the part of the government to save the controversial law that imposes a $50,000 fine and up to six months in prison for website operators who fail to comply with the law’s age verification requirements.

In 1999, Reed issued an injunction against the law, saying there was a “substantial likelihood” that it violated the 1st Amendment. The U.S. Supreme Court agreed with Reed in 2004 when it ruled 5-4 in favor of the plaintiffs. But the high court didn’t completely kill COPA in the ruling, which ordered a trial where the government could make the case that the law is a reasonable restriction on free speech or that the use of filters was a less restrictive alternative that could save the law.

During the trial, a host of experts testified on both sides.

Justice Department lawyers relied on Rutgers University linguistics professor Stephen Neale, who told the court that no filter could succeed in blocking every porn site. Neale also made the point that filters run the risk of blocking legitimate sites. For example, most filters would likely block a site dedicated to the issue of breast cancer, Neale said.

To make the case that COPA is an overbroad restriction of protected speech and that filters are a better solution, ACLU lawyers called upon a range of artists, online writers and filtering experts as witnesses in the trial.

"Since Congress passed this law, the Internet has changed and it is now clear that this harsh, criminal law won't come close to achieving its goals," ACLU staff attorney Chris Hansen said. "It is also clear that other alternatives, including education and filtering, are far more effective for those parents who want to limit access by their children to certain websites using their own values."

The ACLU will present its closing arguments today. Justice Department attorneys will then give their closing arguments.

A ruling is expected early in 2007.

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

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

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.

Show More