Mass. Judge Rules in Favor of Free-Speech Advocates

BOSTON — A federal judge granted a preliminary injunction this week against a new Massachusetts law aimed at protecting children from online sexual predators by banning anything that may be considered "harmful to minors,” including adult material.

The new law closed a loophole that led the state's highest court to overturn a man's conviction for sending sexually explicit instant messages to someone he believed was a 13-year-old girl.

But Internet content providers, the American Civil Liberties Union of Massachusetts and others sought to block enforcement of the law as it applies to broad-based Internet communications. They did not seek to bar enforcement against sexual predators or others who use the Internet to send harmful material to minors.

U.S. District Judge Rya Zobel ruled Tuesday that the law, as it is now written, violates the 1st Amendment.

"Our goal is to ensure that our laws keep up with modern technology in order to protect kids from sexual predators on the Internet," Attorney General Martha Coakley said.

She said her office will draft an injunction that addresses the concerns raised in the ruling and will examine if the law needs to be changed to be sure "law enforcement has the necessary tools to protect children online."

The new law was passed quickly by the state Legislature after the Supreme Judicial Court found in February that the old state law that imposes criminal penalties for disseminating material harmful to minors did not cover electronic communications.

Various free speech groups and advocates filed a federal lawsuit in July challenging the new law.

The content providers argue that the new amendments amount to "a broad censorship law" that would ban from the Internet a variety of information that could be seen as harmful to minors, including material about contraception, pregnancy, literature and art that adults have a 1st Amendment right to view.

They also argue that people who disseminate information through a generally accessible website cannot discern the ages of those who view the information and that, as a result, the law inhibits the free speech of adults.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

Sex Worker Rights Advocates Speak at UN Criticizing Stigmatizing Report

Several sex worker rights organizations and advocates provided input this week at the United Nations office in Geneva, addressing a recent controversial report by the Human Rights Council’s special rapporteur on violence against women and girls, which made broad claims about sex work and adult content, and also endorsed different forms of criminalization.

Idaho, Indiana, Kansas, Kentucky, Nebraska to Age-Restrict Access to Porn in July

Five U.S. states — Idaho, Indiana, Kansas, Kentucky, and Nebraska — will begin requiring age verification to access adult sites when the states’ copycat laws promoted by religious conservatives go into effect starting in July.

FSC Issues Warning to Sex Workers, LGBTQ+ Community About Conservative 'Project 2025'

Free Speech Coalition (FSC) has released a statement warning about the proposed conservative initiative Project 2025 and its multiple threats to the rights of sex workers and the LGBTQ+ community.

Show More