Jan 21st, 2009
Posted by Aden Fine, First Amendment Working Group at 9:28pm	Free Speech

Free Speech Prevails in 10-Year Censorship Battle

Free speech on the Internet is a big winner today. The Supreme Court earlier announced that it will not hear the government’s latest appeal of the ban on enforcement of the Child Online Protection Act (COPA), the federal law that would criminalize constitutionally protected speech on the Internet in the name of protecting children. That means that this case is now finally over, and that the lower courts’ rulings that COPA is unconstitutional because it violates the First Amendment are final. This is a terrific result, and the end of a long, hard-fought battle to keep the Internet free of government censorship.

This case was filed more than 10 years ago. It has already been to the Supreme Court twice. In the Supreme Court’s second decision, issued in 2004, the Court upheld the injunction against enforcement of COPA, rejecting the government’s argument that the statute was constitutional. The government nevertheless decided to continue fighting, and a trial was held in 2006 to see if any facts had changed to justify the law. Following more than four weeks of trial, the District Court again ruled that COPA was unconstitutional. Last year, the Court of Appeals reached the same conclusion.

Today’s decision by the Supreme Court not to review the case once again reaffirms what the courts have consistently said for the last 10 years: the government cannot censor lawful speech on the Internet in the name of protecting children. Government should not be in the business of deciding what we all can and cannot see or do on the Internet. Those decisions are for all of us to make, and for all parents to make, not for government to make.

COPA was not the first time that Congress has tried to restrict lawful speech on the Internet in the name of protecting children. The Supreme Court also struck down Congress’s first attempt, the Communications Decency Act. While we are hopeful that Congress has learned its lesson, this probably won’t be the last we hear of government attempts to restrict speech on the Internet. It will, however, be the last we hear of COPA. At long last, COPA is finally dead, and that is a huge victory for free speech on the Internet.

UPDATE: Watch Chris Hansen, Director of the First Amendment Working Group, talk more about internet content filters and libraries here.

Permalink |	Free Speech

Tags: U.S. Supreme Court

1. liberal hater Says:
   Jan 22nd, 2009 at 12:07am

   The American Criminal Liberties Union support online child pornography and pedophilia through their support of NAMBLA--North American Man Boy Love Association.

   I wonder how many children have to be forceably raped and tortured and even killed before someone stands up to the anti-American cowards at the ACLU.

2. laverdad Says:
   Jan 22nd, 2009 at 4:23am

   Why does congress keep trying to stifle free speech on the internet?

   Could it be because us little debt slaves are using it to WAKE UP and the elite are getting scared?

3. Vic Livingston Says:
   Jan 22nd, 2009 at 6:27pm

   INTERNET CENSORSHIP AND PRIOR RESTRAINT APPEARS TO BE ALIVE AND WELL EVEN AS A NEW PRESIDENT TAKES OFFICE.

   For your consideration, these case studies by a journalist who apparently is among the thousands of scribes unconstitutionally "targeted" by U.S. intelligence/security agencies:

   http://www.nowpublic.com/world/parallel-internet-big- brother-screening-censoring-political-blogs

   http://my.nowpublic .com/world/political-bloggers-beware-more-signs-big-brother-censorship

   ONLY AN ACLU CLASS ACTION LAWSUIT CAN HOPE TO STOP COVERT AUTHORITARIAN INFRINGEMENTS UPON CONSTITUTIONAL RIGHTS.

4. Anonymous Says:
   Jan 22nd, 2009 at 7:02pm

   liberal hater Says:

   This is the internet, please use your parenting skills.

5. alchemme Says:
   Jan 22nd, 2009 at 8:47pm

   bravo, a long, well fought battle.

6. Velluto rosso Says:
   Jan 23rd, 2009 at 3:57am

   Ah, the wonderful NAMBLA, so deftly lampooned by comedians when it was still in vogue. Wonderful of you to bring it up, really. It shows your ability to research.

7. David Morris Says:
   Jan 23rd, 2009 at 12:57pm

   WOW, ever heard of the fairness docterine? It is coming to the internet thanks to Obama and the left. Harry Reed just said, and I quote "you must stop child pornography and you nust put a mussle on the right "activists"" ANYTHING you say against the "new" administration will be censored and we will not have "free Speech" unless it is what the "main stream" is saying.

8. The Constitution Says:
   Jan 23rd, 2009 at 5:19pm

   The basic constitutional right of the people to keep and bear arms is the most important consitutional right there is. I'd much rather have my right to keep and bear arms than my right to free speech because a free man with a gun can speak his mind anyway!

9. sarah Says:
   Jan 24th, 2009 at 4:35pm

   does this mean the internet sex stings are illegal. would appreciate an answer.
   svjm63@gmail.com

10. Aden Fine, First Amendment Working Group Says:
    Jan 28th, 2009 at 1:56pm

    The Supreme Court's decision means that the government cannot enforce the Child Online Protection Act (COPA), which made it illegal for websites to put sexually explicit material on the Internet. The Court's decision does not mean that other existing laws cannot be enforced and it does not necessarily have any connection to "internet sex stings," although that would depend on what is meant by "internet sex stings."

11. Jack Hill Says:
    Jan 30th, 2009 at 4:35pm

    I'm still waiting to see support for Rush Limbaugh's right to free speach. Everyone and his neighbor has trashed Bush without a word being cast. But a comment about Obama, and they are ready to crucify. Apparently freedom of speach only applies to select persons.

12. roald Says:
    Mar 5th, 2009 at 11:43pm

    Jack - who has stopped Rush from speaking?

    However, I recall several members of Congress who were forced to apologize when they criticized Bush, Pete Stark, for example

13. mary smith Says:
    Mar 17th, 2009 at 6:20pm

    sex on internet is not speech, It's people expoising their genitals

14. Martha Says:
    Mar 17th, 2009 at 6:33pm

    It should not be on the internet and it's not free speech you fought for but rather the right for them to use the internet as a way to make money and to force parents to have to stand over their child while their on the internet. They plant porno. all over the place and they should be made not to let it off their home site. They run it in communities so you can't look into hotels, church, communities ect so people will know the home sites name and some children don't have parents with blockers, Don't speak for me when it come to this as I feel if a person wants to watch it they should rent it and not take away my freedom of the internet

15. nancy Says:
    Mar 17th, 2009 at 6:43pm

    why don't you ask people how they feel before you get something we all have to cope with. I feel men and women showing the world oral sex, erections, vigina's is not speech. (my being able to say this is free speech.

16. William Toodle Says:
    Jul 25th, 2009 at 6:10pm

    WEll i guess my first message never got to you probly part of the continual scheme to keep there dirty lundary in house. other methods are bugging my home telephone services going to college where i attend school speaking bad of me plus contacting potenial empolyment and discourge them from hiring me. Arizona has its own laws different from the rest of the United States its like a bad movie thats has come to life. The court proceeding are unconstitutional at best atleast in my case. where the factal information was ignored my public pretender never showed to one court date and i was allowed to speak to the judge from the seats in the court they would not allow me to speak into the microphone like everyone before me.when i questioned it they became very angry i was also given the wrong court dates on a back of a card in hopes that i would miss the real court date thus make me FTA loseing by default. i ask myself is all this happening cause im black mybe or some bad people raised some bad kids who grew up tobe bad people that patrol our streets and oversee our court rooms. I know police write lies tell lies but judges that was knew to me. and they stand and point the finger at other people, not surprised anymore its the American way,or the white way no harm meant just calling like it is. You might think he's angry not really just wanna see justice work for me after all i'm american it's suppose to regardless of my stature or the poeple who committed the crime status. The people here in arizona are cruel to the bone,only awearness will change what takes place here. I contact the FBI on the West coast aleast no responces i heard on a documentary they use tobe part of the Klan i don't know but i do know this my story is the truth. i told the story to my classmates there was not one dry eye in the classroom my teacher even wrote at the top of the paper powerful strong, maybe so but inside of me i was crushed by the unconstitutional acts by people who were sworn in to do the right thing and never came close to doing the right thing. instead they continue there unscrupulous behavior i guess because they have nothing better to do or the infomation have could ruin many careers i think is not the latter.you might be saying what happen ? swat team police kicked my door down news in front of my house stateing man with guns and drugs holding girl friend and daughter hostage. no guns no drugs found my girl fiends made no call to the police what so ever she even gave a notarized affadavit stating this was a lie we were told don't care about the affadavit. guess what i was charged with?theft of my onw cell phone i paid 30 dollars for the phone. thats a dam shame. but it justice in Arizona or was it blackmans justice in Arizona makes you wonder. know this it was not leagal American justice. i recently 2dys ago sent a letter to the FBI informing that my home and phone was bugged also my computer Will see, you know the old boy system look out for me and i will look out for you and lets sweep the truth under the rug or kill the complaintent Well my story is in 4 out of 50 states somebody going to make sure justice is served i'am sure of that. reply i like to here from you email toodlewilliam@yahoo.com remember my computer is bugg.

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