Internet Pornography, the ACLU, and Congress

783 Words2 Pages
bulb-icon

Recommended: Is censorship of the internet necessary

Internet Porn, the ACLU, and Congress

Ashcroft vs. ACLU, 00-1293, deals with a challenge to the Child Online Protection Act (COPA), which Congress passed in 1998. The law, which is the subject of this essay, attempts to protect minors from exposure to Internet pornography by requiring that commercial adult websites containing "indecent" material that is "harmful to minors" use age-verification mechanisms such as credit cards or adult identification numbers.(Child)

An earlier version of the law -- the 1996 Communications Decency Act -- was struck down as an unconstitutional restriction of free speech when challenged by the ACLU; the 1998 version attempted to address the constitutional concerns by limiting its scope to commercial websites, and carving out an exception for material that has "serious literary, artistic, political or scientific value for minors." (Communications)

COPA makes adult website operators liable for criminal sanctions -- up to $50,000 in fines and six months in jail -- if children are able to access material deemed "indecent," by "contemporary community standards," for those under 16. This raises the sticky issue of what "community" should set the standard for the global world of the Internet.

No one has been prosecuted under COPA; the ACLU brought suit as soon as the law was passed, and a federal judge in Pennsylvania agreed to block enforcement. The Third Circuit upheld the injunction, ruling that COPA's reliance on community standards improperly allows the most conservative communities to dictate what should be considered indecent. The ACLU represents a number of plaintiffs who publish materials online, including an art gallery, Salon.com magazine, a bookstore, and the producer of a...

... middle of paper ...

...rmful to minors on the Web, Beeson responded: "There isn't any way to make it a crime to display material harmful to minors on the Web."

A decision from the Supreme Court is expected sometime in the spring of 2002. This case does not directly address the issue of how the community standards requirement applies to determining whether online material is obscene (speech that does not receive First Amendment protection) rather than merely indecent (harmful for minors but protected for adults). The court's ruling will nonetheless be significant in terms of the future of the "community standards" test for obscenity online.

WORKS CITED:

Child Online Protection Act. http://www.epic.org/free_speech/censorship/copa.html

Communications Decency Act. http://www.epic.org/CDA/cda.html

"Legal Challenge to COPA" http://www.epic.org/free_speech/copa/complaint.html

Show More
Related

  • Let’s Put Pornography Back in the Closet

    601 Words  | 2 Pages

    In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).

    Read More

  • United States' Involvement in Vietnam

    428 Words  | 1 Pages

    As a result, the Geneva agreement was set up to try and keep order in

    Read More

  • American Public Opinion of the Vietnam War

    1562 Words  | 4 Pages

    1965 to stop the threat of communism and by 1975, the war was over and

    Read More

  • The Supreme Court

    1073 Words  | 3 Pages

    The case that I chose to analyze is Reno v. ACLU. It is the first Internet related U.S. Supreme Court case ever to be decided. Seven of the justices found the argued provisions of the Communications Decency Act (CDA) were unconstitutional under the First Amendment. The court found that the Internet is similar to a shopping mall or library not a broadcast medium as the government refered to it. The majority opinion for this case was that the Internet is a unique marketplace for ideas. The ruling states that while there is a large amount of pornographic material out there, it normally isn’t come across on accident. They stated that the CDA already holds back a good amount of speech that is alright for adult to adult conversations, which they do have a constitutional right to receive. While they recognize the CDA efforts to protect children from harmful speech and pornographic material, it still does not justify the unnecessarily broad suspension of speech. The final outcome was that they found that what the CDA was trying to do would violate speakers messages who are rightfully protected under the First Amendment.

    Read More

  • Citizen Kane

    1196 Words  | 3 Pages

    this one letter in a circle can now sum up his life, that people just

    Read More

  • Free Speech and Pornography

    530 Words  | 2 Pages

    The Constitutional issue that was addressed was whether the CDA violated the First Amendment’s protection of free speech (Reno, 1997). The court found that the CDA did infringe upon the freedom of speech protection afforded in the First Amendment. The CDA was an effort to restrict inappropriate material from reaching children under the age of eighteen through the internet. However, the court found that the CDA’s language was too vague and because of that, it ...

    Read More

  • The Great Barrier Reef

    902 Words  | 2 Pages

    On a June evening in 1770, British explorer, Captain James Cook heard the irritable screeching of wood against stone. Little did he know, he had just discovered the Great Barrier Reef! Off the coast of Queensland, Australia in the Coral Sea, the GBR is the world's largest reef system, it can even be seen from space! It is approximately 35 million hectares, which equals about 70 million football fields. The GBR hosts an extremely diverse array of marine life from mollusks to fish to sea and shore birds. Attracting about 2 million people per year, the GBR generates AU$4-5 billion annually. A coral reef forms underwater when thousands of tiny animals, called polyps, establish a colony. How did this series of reefs become the Great Barrier Reef?

    Read More

  • The Future Of Obscenity And The Internet

    840 Words  | 2 Pages

    The Wex Legal Dictionary describes the term obscenity as “lewd, filthy, or disgusting words or pictures,” speech that is not protected by the First Amendment (CIT1). Another way one could define this term is words, images, or actions that “offend the sexual morality of its viewers (CIT2).” It is perhaps unsurprising that, in the vast expanse of today’s Internet, where anyone in the world can upload whatever they please, words and images that fall under this category are quite common. Also unsurprising is the fact that there has been more than one court case involving this subject. Obscenity and the Internet often go hand in hand, and share an interesting past, present, and perhaps future.

    Read More

  • Public Libraries Should Not Block Internet Pornography

    1800 Words  | 4 Pages

    In 1998, a district court in Virginia made a ruling on the use of filtering software in public libraries that set a precedent for the unconstitutionality of internet filters. Todd Anten’s article, “Please Disable the Entire Filter: Why Non-Removable Filters on Public Library Computers Violate the First Amendment gives an account of the ruling. The Loudoun County Library had instituted restrictions to internet access on all library computers with software that would block sites that “displayed obscene material, child pornog...

    Read More

  • Great Barrier Reef

    498 Words  | 1 Pages

    The reef is the largest of its kind extending 2300 km along the North East Coast of Australia from Cape York to the northern part of South Queensland. Most may believe that the reef alone is one large organism, but is amazingly a network of roughly 2900 individual reefs to form one large reef that is roughly the size of the U.K.

    Read More

  • Easy Access For Children on Pornography Sites

    1361 Words  | 3 Pages

    You just finished a day's work, have arrived home, unlocked the door, step inside, and just as you are about to yell, "anyone home," you hear hooting and hollering coming from the family room. As you enter the room you see your children and their friends glued to the computer screen, which is covered with explicit images not intended for the eyes of children. According to an article written by P.J.Huffstutter, "Yahoo, MSN Criticized for Offering Easy Access to Pornography," (C1) these two large Internet companies, have made it possible for everyone of all ages to access these adult communities. They require no proof of age, making it far too easy for under-age children to freely view the pornographic pictures and videos of their choice While adults may find leaving a site easy if they are uncomfortable, trying to restrict children from accessing these sites is a different issue. To watch your kids every moment is unrealistic and would not please anyone. According to Net Nanny, "Kids need to learn Internet safety practices and differentiate between right and wrong, because their parents won't always be there." There must be some sort of compromise. We, being responsible adults, need to take charge of what our children are doing when online, since little effort is required to gain entry to pornography sites. I used Microsoft's MSN search facility to look for "porn," and the only warning I received was that I had entered a search term that was likely to return adult content. While that may be more warning than in the past, it still isn't enough to keep children away. Then I was directed to a related link entitled NightSurf, and within two minutes I was presented with images of nudity...

    Read More

  • The Children’s Online Privacy Protection Act (COPPA)

    1336 Words  | 3 Pages

    McCarthy, M. (2005). THE CONTINUING SAGA OF INTERNET CENSORSHIP: THE CHILD ONLINE PROTECTION ACT. Brigham Young University Education & Law Journal, (2), 83-101.

    Read More

  • The Negative Effects of Censorship

    3203 Words  | 7 Pages

    21 Nov. 2013. ernet-protection-act>. "Supreme Court Refuses To Revive Online Censorship Law." American Civil Liberties Union. N.p., 21 Jan. 2009.

    Read More

  • The Fight Against Child Pornography

    2328 Words  | 5 Pages

    One of the unique challenges to regulating or settling on the appropriate way to regulate is that there is no concrete definition of pornography. While law enforcement bodies such as the police, prosecutors and judges, are accustomed to dealing with issues that are exclusive to the United States, the Internet is a worldwide community with servers and members coming from hundreds of countries. Defining "pornographic content" on a global level has not been easy because of different moral and legal variations. In the United States one type of act may be defined as being "hard-core porn", however, another country could see this act as much less offensive. So while the United States may try to regulate one level of pornography, a person could go find it on a website launched from another country. This is one the problems that is being acknowledged when trying to find a way of dealing with the pornography on the Internet.

    Read More

  • Offensive Material

    952 Words  | 2 Pages

    Fee, John. "Obscenity and the World Wide Web." Brigham Young University Law Review 2007.6 (2007): 1691-1720. Business Source Complete. Web. 22 Dec. 2013.

    Read More

More about Internet Pornography, the ACLU, and Congress

Open Document