grandson of CDA

[David Farber <dave () farber net>]

Begin forwarded message:

From: sob () harvard edu (Scott Bradner)
Date: June 29, 2004 11:13:11 AM EDT
To: dave () farber net
Subject: grandson of CDA


http://www.cnn.com/2004/LAW/06/29/scotus.online.porn.ap/index.html

High court bars Internet porn law enforcement

Ruling sends law down to lower court for trial

Tuesday, June 29, 2004 Posted: 10:48 AM EDT (1448 GMT)



WASHINGTON (AP) -- The Supreme Court ruled Tuesday that a law meant to
punish pornographers who peddle dirty pictures to Web-surfing kids is
probably an unconstitutional muzzle on free speech.

The high court divided 5-to-4 over a law passed in 1998, signed by
then-President Clinton and now backed by the Bush administration. The
majority said a lower court was correct to block the law from taking
effect because it likely violates the First Amendment.

The court did not end the long fight over the law, however. The majority
sent the case back to a lower court for a trial that could give the
government a chance to prove the law does not go too far.

The majority, led by Justice Anthony M. Kennedy, said there may have 
been
important technological advances in the five years since a federal judge
blocked the law.

Holding a new trial will allow discussion of what technology, if any,
might allow adults to see and buy material that is legal for them while
keeping that material out of the hands of children.

Justices John Paul Stevens, David H. Souter, Clarence Thomas and Ruth
Bader Ginsburg agreed with Kennedy.

The American Civil Liberties Union and other critics of the
antipornography law said that it would restrict far too much material 
that
adults may legally see and buy, the court said.

...

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