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The Center for Democracy and Technology /____/ Volume 5, Number 3
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 5, Number 3 February 3, 1999
CONTENTS:
(1) Philadelphia Court Blocks Enforcement of the Child Online Protection Act
(2) Why COPA is Unconstitutional
(3) Next Steps in the COPA Court Challenge
(4) Subscription Information
(5) About CDT
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of ari@cdt.org
_____________________________________________________________________________
(1) Philadelphia Court Blocks Enforcement of the Child Online Protection Act
In a victory for free speech online, Federal Judge Lowell Reed granted, on
February 1, a preliminary injunction prohibiting enforcement of the Child
Online Protection Act (COPA). The injunction lasts until a final decision
is rendered on COPA's constitutionality, after a full trial, which may be
held late this spring. Since an injunction like this one is granted only
when a challenged law is likely to be struck down, the Judge's ruling
suggests that the law will be permanently enjoined.
The ruling ensures that Web publishers and other Internet content providers
can continue to use their best editorial judgment when publishing online,
instead of being forced to choose between self-censorship and risk of
prosecution.
Despite his obvious sympathy with Congress' goal of protecting children from
sexually explicit material, , Judge Reed concluded that COPA exceeded the
limits of the First Amendment.
* Judge Reed's Decision -
http://www.cdt.org/speech/copa/990201ACLUvsRENOdecision.shtml
* Policy Post 5.2 - Coalition of Industry and Civil Liberties Groups Challenge
Internet Censorship Legislation - http://www.cdt.org/publications/pp_5.2.html
* The amicus brief filed by CDT and others in this case-
http://www.cdt.org/speech/copa/990111amicus.html
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(2) WHY COPA IS UNCONSTITUTIONAL
For the purposes of the preliminary injunction, Judge Reed found that COPA
was unconstitutional because it burdens constitutionally protected speech,
is not likely to be effective and is not the least testrictive means of
protecting children. The First Amendment does not allow the free speech
rights of adults to be constrained in a way that would allow them to read
only what is acceptable for children. Judge Reed found that COPA would force
Web publishers to censor their own constitutionally protected speech in order
to avoid risking prosecution.
* COPA burdens protected speech.
Credit card or adult verification screens in front of material that is
harmful to minors would deter users from accessing such materials.
The loss of users of such material would affect the speakers' economic
ability to provide such communications. Further, there is no way to
restrict the access of minors to harmful materials in chat rooms and
discussion groups without screening users before accessing any content,
even that which is not harmful to minors. This has the effect of burdening
speech in areas not covered by the statute.
* COPA is not effective.
Children will still have access to sexually explicit, harmful material on
foreign web sites, non-commerical web sites, and via online protocols other
than the Web, such as chat, newsgroups, FTP, and Gopher.
* COPA is not the least restrictive means.
There are user empowerment tools available for parents, such as blocking and
filtering software, which might be just as effective in protecting children
from harmful material without restricting adult access to that material.
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(3) NEXT STEPS IN THE COPA COURT CHALLENGE
The government has 60 days in which to file an appeal of this decision to the
United States Court of Appeals for the Third Circuit. If the government does
not appeal the decision at this stage, there will probably be a full trial on
COPA's constitutionality later this spring.
Regardless of whether this decision is appealed, the challenge to COPA will
certainly wind its way through the Court of Appeals, and most likely, also to
the Supreme Court.
CDT will continue to play an active role as an amicus at every stage in the
proceedings.
_____________________________________________________________________________
(4) SUBSCRIPTION INFORMATION
Be sure you are up to date on the latest public policy issues affecting
civil liberties online and how they will affect you! Subscribe to the CDT
Policy Post news distribution list. CDT Policy Posts, the regular news
publication of the Center for Democracy and Technology, are received by
Internet users, industry leaders, policymakers and activists, and have
become the leading source for information about critical free speech and
privacy issues affecting the Internet and other interactive communications
media.
To subscribe to CDT's Policy Post list, send mail to
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In the BODY of the message (leave the SUBJECT LINE BLANK), type
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If you ever wish to remove yourself from the list, send mail to the above
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_____________________________________________________________________________
(5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: http://www.cdt.org/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
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End Policy Post 5.3 2/3/99
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