Free Speech vs. Smut – An American Legal Conundrum A 1998 law design…

Free Speech vs. Smut – An American Legal Conundrum
A 1998 law designed to block children from viewing pornographic Web sites violates free speech rights, a U.S. federal court ruled Thursday, in a blow to government efforts to restrict Internet smut.

A 1998 law designed to block children from viewing pornography Web sites violates free speech rights, a U.S. federal court ruled Thursday, in a blow to government efforts to restrict Internet smut.

The ruling sided with a challenge brought by the American Civil Liberties Union, which had argued that the provisions of the Child Online Protection Act were too restrictive and violated the First Amendment of the Constitution that protects free speech.

Judge Lowell Reed of the U.S. District Court in Philadelphia wrote in his ruling that while he sympathized with the goal of restricting minors from seeing pornography, other means that were less restrictive of free speech, such as software filters, were available to block such content.

“I may not turn a blind eye to the law … to protect this nation’s youth by upholding a flawed statute, especially when a more effective and less restrictive alternative is readily available,” the judge wrote in his ruling.

Government lawyers had argued during the four-week trial that Internet filters were ineffective tools since most parents did not actively use them.

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