The 3rd Circuit Court of Appeals sided with a lower court Tuesday, ruling that a law to protect children from sexual material on the Internet is unconstitutional.
A day earlier, the same court threw out a $550,000 indecency fine levied against CBS for the infamous 2004 Super Bowl halftime show.
The Child Online Protection Act (COPA) was passed by Congress in 1998 but was never enforced due to a lawsuit by the American Civil Liberties Union. The law makes it illegal to post material that is harmful to children on the Internet for commercial purposes.
The 3rd Circuit called the law “overbroad and vague,” saying Internet filters are a less restrictive way to protect children.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said it’s disappointing the court is placing the burden on victims and their parents rather than on the purveyors of the destructive sexual content.
“The 3rd Circuit has once again come to the aid of online pornographers,” he said. “In effect, the court said we can't protect our children from online filth if the law might make some adult seeking his porn 'fix' uncomfortable.”
