ACLU Challenges Constitutionality of Law Aimed at Online Porn

PHILADELPHIA — Supported by the American Civil Liberties Union, a coalition of website publishers offered opening arguments today in their case against the 1998 Child Online Protection Act (COPA).

The law, which has yet to be enforced, requires adults to use access codes or credit cards to verify their age on websites displaying material considered to be “harmful to children.”

Website operators that fail to comply with the law could face a $50,000 fine and a six-month prison sentence.

Arguing that the law restricts the publication of legitimate material, sites such as Salon.com and Nerve.com filed suit to challenge the constitutionality of COPA.

“The right to free speech is one of the core values of this country," ACLU attorney Chris Hansen said. "Congress does not have the right to censor information on the Internet. Americans have the right to participate in the global conversation that happens online every moment of every day."

Previously, a federal district court in Philadelphia and a federal appeals court found the online censorship law unconstitutional, and the Supreme Court upheld the ban on enforcement of the law in June 2004. The Justices, however, also asked the Philadelphia court to determine whether there had been any changes in technology that would affect the constitutionality of the statute.

In other words, the trial will focus on the issue of the effectives of technologies aimed at protecting children online such as filtering software.

“The government will argue that parents are too stupid to use filters,” Hansen said. “It's an insulting argument, and it's wrong.”

Appearing before U.S. District Judge Lowell Reed, U.S. Attorney Eric Beane told the court that the idea of leaving the filtering option in the hands of parents was tempting but foolhardy.

“The evidence will show that a shocking amount of pornography slips through to children,” Beane said.

In preparation for the case, attorneys at the Justice Department sought and received records from Internet service providers and search engine companies. Only Google refused. The Mountain View, Calif.-based company was later ordered to share 50,000 random URLs by U.S. Judge James Ware, who declined to give the government access to 5,000 search queries, citing privacy concerns.

The trial is expected to last about a month.

Copyright © 2026 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

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

TeamSkeet to Premiere New Series 'Under The Table'

TeamSkeet will debut its new limited series, "Under the Table" next month.

Brazzers Debuts New Series 'Bro Code'

Brazzers has released the first installment of its new limited series, "Bro Code."

Emma Rosie Leads Latest Volume of 'Oil Explosion' From Elegant Angel

Emma Rosie stars in the 10th volume of Elegant Angel’s “Oil Explosion.”

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Daniella Renae Headlines 2nd Volume of 'Big Tit MILFs' From Reality Junkies

Daniella Renae toplines the second volume of "Big Tit MILFs" from Mile High Media studio imprint Reality Junkies.

ChatGains Joins Pineapple Support as Partner-Level Sponsor

ChatGains has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Private Releases 2nd Volume of 'Horny Women: Mid-Life Crisis'

Private has released the second volume of “Horny Women: Mid-Life Crisis,” directed by Xavi Rocka.

Charlie Forde, Mickey Mod & Derek Kage Star in 'A Surprise for Charlie' From Dorcel

Charlie Forde stars with Mickey Mod and multi-XMAs winner Derek Kage in “A Surprise for Charlie,” from Dorcel.

Show More