08-03-2011, 06:54 AM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by homegrownmof
[W]hy is it so bad to have filters for adult content- sexual or violent? I dont see how a payment wall /adult verfiy system is so bad, nor do i see how it will stifle free speech ...
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Use of a Credit Card does not prove legal age.
Mandating a "payment wall" by statute (law) is a prior restraint of freedom of speech.
This has been adjudicated in the US Courts
Quote:
V. CONCLUSION
In sum, COPA cannot withstand a strict scrutiny,
vagueness, or overbreadth analysis and thus is unconstitutional.
We reach our result both through the application of the law-ofthe-
case doctrine to our determination in ACLU II and on the
basis of our independent analysis of COPA and would reach the
same result on either basis standing alone. For the foregoing
reasons, we will affirm the District Court?s March 22, 2007
order.
No. 07-2539 (2008)
Permanent Injunction sustained ...
http://www.ca3.uscourts.gov/opinarch/072539p.pdf
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The Courts in the EU have yet to make a ruling but I think that the result would be similar.
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