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Article • June 1, 2008 • from P&J June, 2008
A.C.L.U. v. Mukasey, No. 07-2539 (3rd Cir.) (534 F.3d 181) (July 22, 2008) (Judge Morton I. Greenberg) by For more than a decade, Congress and the courts have been battling over the permissible boundaries of legislation designed to outlaw child pornography on the Internet. The latest battle lines can trace …
Article • March 23, 2007
Ashcroft v. A.C.L.U., No. 03-218 (U.S. Supreme Court) (542 U.S. 656; 124 S.Ct. 2783) (June 29, 2004) (Justice Kennedy) by For the second time in two years (and the third time since 1997), the Supreme Court has refused, on First Amendment grounds, to approve a Congressional effort to restrict minors’ …
Article • February 1, 2007 • from P&J February, 2007
A.C.L.U. v. Gonzales, No. 98-5591 (E.D.Pa.) (478 F.Supp.2d 775) (March 22, 2007) (Judge Lowell A. Jr. Reed) by Here the Court held that the Child Online Protection Act ("COPA"), 47 U.S.C. § 231, facially violates the First and Fifth Amendments of the Constitution and permanently enjoined the Attorney General from …
Article • February 1, 2003 • from P&J February, 2003
American Civil Liberties Union v. Ashcroft, No. 99-1324 (3rd Cir.) (322 F.3d 240) (March 6, 2003) (Judge Leonard I. Garth) by Here on remand the Third Circuit has again held that critical provisions of the Child Online Protection Act (COPA) are unconstitutional because they are not sufficiently narrowly tailored to …
Article • August 1, 2000 • from P&J August, 2000
A.C.L.U. v. Reno, No. 99-1324 (3rd Cir.) (217 F.3d 162) (June 22, 2000) (Judge Leonard I. Garth) by Here the Court held that the Child Online Protection Act (47 U.S.C. § 231) (COPA) was unconstitutional because it calls for Internet content to be judged on "community standards" - a ruling …