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8 commentsWednesday, July 23, 2008

Child Online Protection Act Struck Down

Court calls it unconstitutional

A federal court has upheld a ban on a law that would criminalize protected speech on the Internet.

The American Civil Liberties Union challenged the Child Online Protection Act (COPA) on behalf of a coalition of writers, artists and health educators who use the Internet to communicate constitutionally protected speech.

The American Civil Liberties Union

The 3rd U.S. Circuit Court of Appeals said in its ruling that the COPA law "cannot withstand a strict scrutiny, vagueness, or overbreadth analysis and thus is unconstitutional."

Previously, a federal district court and a federal appeals court found the online censorship law violates the First and Fifth Amendments of the Constitution. The Supreme Court upheld that decision, banning enforcement of the law in 2004 and sending the case back to district court to determine if there had been any changes in technology that would affect the constitutionality of the statute.

"Our clients provide valuable and necessary health and news information. Preventing adults from accessing this information under the guise of protecting children is not permissible," said Aden Fine, Senior Staff Attorney with the ACLU First Amendment Working group.

"There are more effective, less intrusive tools available to limit what minors can access on the Internet."
 

About the author:
Mike is a staff writer for WebProNews.

Law, Internet and Children

As I have said for a long time it isn't up to the government to police what kids and can and cannot access online.  That is the job of the parents.  if the parents aren't tech savvy enough to understand their kids online activities and monitor them then they have failed in their duties as a parent.  Parents who let their kids wander the street without any knowledge of where they are or what they are doing have their kids taken away from them for being irresponsible and unfit parents.  Letting them wander the internet with absolutely no clue as to what they are doing or even bothering to check up on them is the same kind of irresponsibility, and should have the same sort of penalties for parents.

what can parents realistically do

There are around a billion and a half people, children and adults, nannied by the government in what they are allowed to see and read online or in the bookshops.

The values of freedom of speech are precious indeed.

 

But how can parents *in practice* censor what their young children read and see on the Net?

For some children net nanny software is enough.

Others, more curious and tech savvy, know how to bypass the  wall. They may also get url's and content from their friends. Or be the ones passing it out.

For those, their parents have to prepare them for what they may see or read, before they find it themselves.

In this case loss of innocence comes early.

At what age can parents start to prepare their children for the  criminality, insanity and aberrations  that are found in  the real world?

Either way, through self-exposure or parental preparation, loss of innocence seems to be the inevitable outcome of children exposed to unlimited information.

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