Although porn sites disgust me and I delete any and all
porn "spam" without reading, I agree completely with this
ruling.

Tom Fosson
---------------------------------------------------------

(from USA Today 19990202)

Judge blocks Net porn law

Ruling cites free-speech protection
By Leslie Miller USA TODAY

A federal judge blocked enforcement of a law restricting material
considered "harmful to minors" on commercial Web sites Monday, saying that
although he sympathizes with parents who want to protect kids from Internet
porn, the Constitution must be upheld.

"Indeed, perhaps we do the minors of this country harm if the First
Amendment protections, which they will with age inherit fully, are chipped
away in the name of their protection," wrote U.S. Judge Lowell Reed of
Philadelphia granting a preliminary injunction against the Child Online
Protection Act.

Reed, an Internet user who kept his laptop beside him during a six-day
hearing that ended last week, posted the decision on the court's Web site
(www.paed.uscourts.gov ) shortly after 6 p.m. An earlier restraining order
was to expire at midnight.

The immediate effect of the ruling is that "kids are on their own" on the
Net, said J. Robert Flores of the National Law Center for Children and
Families, which supports the law. "We would certainly urge parents to be
very careful."

Supporters in Congress also were disappointed. The law was an attempt to
address problems in lawmakers' first anti-porn Net law, the Communications
Decency Act, which was overturned by the Supreme Court in June 1997.

"We continue in our steadfast support of (the act), and we urge the
Department of Justice to continue defending this law ... all the way to the
U.S. Supreme Court ' said Reps. Tom Bliley, R-Va., Mike Oxley, R-Ohio, and
James Greenwood, R-Pa., in a statement.

The government can either pursue a full trial before Reed or immediately
appeal. "We are reviewing the judge's decision ' Justice Department
spokeswoman Chris Watney said.

The law makes it a crime for commercial sites to communicate material
considered "harmful to minors" and imposes fines of up to $150,000 a day
and up to six months in prison. It requires sites to collect an adult ID or
credit card number, a system described as an "electronic brown wrapper."

"The court was able to cut through a lot of very complicated evidence and
focus on what this case is really about: First Amendment speech," said Ann
Beeson of the American Civil Liberties Union. It challenged the law on
behalf of 17 plaintiffs including on-line media sites, bookstores and an
on-line community for gays and lesbians.

Justice Department attorneys said the law is intended to apply only to porn
merchants, who must bear the burden of keeping material away from the 16
million kids under 17 who surf the Net. 
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