Supreme Court Rejects COPA AGAIN!!!!!

I'll bet there are more threads started about this than were started about britney being engaged and pregnant. We already have a good start.

At least it's relevant.

Just wanted to post the Yahoo link...

Supreme Court Bars Internet Porn Law Enforcement


WASHINGTON (Reuters) - A divided U.S. Supreme Court on Tuesday barred enforcement of a 1998 federal law designed to keep Internet pornography away from minors because it likely violates constitutional free-speech rights.



By a 5-4 vote, the high court handed a defeat to the U.S. Justice Department iin a case that has pitted free-speech rights against efforts by Congress to protect minors from online pornography.

http://story.news.yahoo.com/news?tmp...pornography_dc

don't know about britney nude though

We are doing the wave over here....everyone join in!

Well I'm glad for the ruling............but.......

this is depressing that it even was 5-4

ALSO NOTE:

the personal hero of many of yours, Clinton, signed this legislation!

Time to party

why ?

yes, but they blame Bush.

remember all the stuff he promise the gay's, didn't give' em shit.


yes it is depressing that it even was 5-to-4

I wouldnt party just yet...a 5-4 decision is very close and you can be sure that the DOJ attorneys are already at work redrafting a new version of COPA. The actual ruling of the Court as well as the dissent will be posted on this site later:
http://www.supremecourtus.gov/opinio...ipopinion.html

I definitely plan on reading this as the dissent will probably give a roadmap to the DOJ as to how to refile COPA later.

This is far from over. Don't break out the party hats because we just won this battle and not the war.

all they need is one more conservative Supreme Court Justice and we all will be up shit creek with no paddle.......the future may be scary

Here is the actual opinion:
http://a257.g.akamaitech.net/7/257/2...pdf/03-218.pdf

it doesnt end here. 5-4 is not good.

Great

great news even if only by one vote

5-4 is scary. Just think, some of these people will be retired the next time around and then what? Some rightwinged anti porn person gets the seat and the chance to vote. Eeek!

Well if Bush steals the next election then you can bet an anti-porn right wing judge WILL be appointed, lol.

Clinton signed the first version which was struck straight down. The congress passed COPA. Anyway, you should thank him for leaving the massive loophole maybe? wink wink wink wink wink

Did you see the headline on this page? from AP:
http://abcnews.go.com/wire/Politics/ap20040629_616.html

People who don't read through the article aren't going to think COPA was rejected.

Isn't there some way to get these psychotic puritans to go after violence instead of porn?

I'd much rather have my kiddies looking at naked bodies instead of beheadings or beatings. Much easier to explain, to discuss, to understand. Of course my youngest kiddie is 20...and none of my kids will explain the horse thing to me.....

The ruling of the Court was that the injunction against enforcement of the law was upheld and the case was sent back down for trial. The injuction remains in place while and if the case goes to trial.

A three min summary of the ruling for time challenged GFYers:

Majority:
a) The feds fail to show how COPA is more effective than other available alternatives such as filtering. When the feds enact a law designed to restrict content, they are required to show they are taking the least restrictive alternative to accomplish the goals of Congress. Here they did not meet that showing.
b)By letting the injunction stand and requiring the case be sent back down for trial, the Court reasoned that the potential for harm in chilling legitimate free speech outweighed the potential benefits of allowing the law to be enforced while the case is decided at trial.
c) The fact finding made by the original District Court as to the effectiveness of filtering and blocking software alternatives was done over 5 years ago and a new trial court would be required to revise the current findings of technogical alternatives besides COPA.

Dissent led by Justice Breyer:
a) The COPA is narrow in its scope to target unprotected speech (pornography is not protected free speech). By limiting the scope to only content that is designed to get people horny, lacks serious artistic and literary value, is commercial in nature, and taken as a whole, the COPA would not chill legitimate free speech. [I don't agree with Breyer here as the examples he lists are not close calls. What would be chilled would be much closer examples than he lists like erotic poetry on Live Journal, or movies like Baise Moi streamed out online etc. If its a close call folks wont risk prison and legitimate speech (not ours) will be chilled.]
b)The screening required by COPA is feasible and age verification services are widely available and used by the adult industry already. [apparently Breyer is not quite up to speed with the state of AVS today]
c) The less restrictive means recommended by the majority is the equivalent of saying we will do nothing since filtering was already available but was so ineffective that Congress was forced to do something because porn was out of control. [gotta agree with Breyer here, everytime i get Beasty and Fisting emails it makes me glad my two sons arent online yet]. Breyer lists reasons why he thinks filtering sucks and why its not a reasonable alternative.
d) Breyer rejects the notion that because porn could move offshore this Act is ineffective and should be canned. In his opinion is better to do something that has limited inpact than nothing and let the problem continue 100% unchecked.
e) The majority should have provided guidance as to how the law could be written to pass constitutional muster, instead the only options now available to the DOJ is to do nothing or prosecute fully and potentially chill speech along the way.

And the fist group to denounce the victory...

http://releases.usnewswire.com/GetRe...d=123-06292004

Ya know, I don't think I would ever put my phone number in the article.......

This should be a awake up call for acts to be cleaned up.