A sharply divided
decision on June 29 by the Supreme Court of the United States affirmed
a lower court's preliminary injunction against the enforcement of
the Child Online Protection Act (COPA). The Court concluded that
COPA would likely violate the free speech provisions of the Constitution.
The Court sent the case back to the Distinct Court.
COPA required commercial
web pornographers to obtain some sort of age verification from those
who visit a pornographic web site. The law was designed merely to
protect children (under age 17) from web pornographers by placing
a requirement on adults to show proof of age before viewing. The
law did not attempt to ban pornography from the web.
The Court's opinion
emphasizes the use of filters placed by parents on computers to
filter out pornography. Experience has shown that filtering may
not be adequate or even available in all cases. COPA sought to add
a more satisfactory level of protection for parents and minor children.
It now may be extremely
difficult for Congress to come up with an alternative that will
satisfy the Supreme Court or the ACLU, which brought the case to
block the enforcement of COPA. |