United States Court of Appeals Upholds Ruling that Child Online Protection Act is Unconstitutional

On July 22, 2008, the 3rd Circuit U.S. Court of Appeals affirmed the district court’s ruling in ACLU v. MuKasey, striking-down the Child Online Protection Act (COPA) which was passed in 1998; finding that the act is unconstitutional. The case, decided in Philadelphia, Pennsylvania, will now likely be appealed to the United States Supreme Court.

COPA, which was passed nearly a decade ago, has been the topic of constant legal battles; an almost immediate injunction following the Act’s passage has not allowed the law to ever take effect. The Child Online Protection Act was passed three years after the United States Supreme Court ruled a similar act unconstitutional.

In the decision, Judge Greenberg writes that in order to survive the “strict-scrutiny” test of constitutionality, the law in question must be of a compelling governmental interest and narrowly tailored to its purpose. The United States Supreme Court had ruled previously that “there is a compelling interest in protecting the physical and psychological well-being of minors”. The Court of Appeals scrutinized COPA under the standard of whether it was narrowly tailored to achieve its purpose.

The Act was written to include “‘material that is harmful to minors’ ” which includes the concept of ‘taking as a whole’ material designed to appeal to the ‘prurient interest’ of minors; and materials which lack ‘serious literary’ or other value to minors.” The Court agreed with the lower court’s determination that such language was overly broad and vague, and could endanger a wide range of communications, exhibits, and speakers. Further, the Court agreed with the lower court’s assertions that programs and filters were a less restrictive, yet successful, way to prevent minors from accessing such content.

The Law Offices of Marc Neff has extensive experience in matters involving child pornography. Mr. Neff has handled numerous cases of this nature. The office employs a team approach using only the must qualified forensic experts. For a confidential consultation, contact Mr. Neff at (215) 563-9800 or via email Marc@nefflawoffices.com.