Quote:
Originally posted by sexeducation
Craziness ...
Do you have a good link to this "one community" ruling or other?
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Deleted my first post because I mistook CIPA for COPA. Fucking acronymns, lol.
Anyway... I overstated the case somewhat. The SCOTUS didn't so much rule on the community standards issue as indicate how they would rule in the future.
The ACLU challenged COPA on behalf of a group of content providers. The trial court found the law unconstitutional on First Amendment grounds. The Third Circuit Court of Appeals agreed that the law was unconstitutional, but said it was unconstitutional because of its reliance on ?contemporary community standards? which made the law overbroad.
SCOTUS reversed the Third Circuit?s decision.
They didn't decide on the constitutionality of COPA, finding only that COPA?s reliance on ?community standards? as applied to the whole internet does not by itself make the law unconstitutional.
I'm no legal expert, but the ruling says to me that no law which regulates internet content is going to be ruled unconstitutional just because it could be employed to apply the standards of one community to another. You can bet the religious cranks in the Republican party will take note of that when writing new legislation.