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

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

Abigaiil Morris Stars in Latest From Brazzers

Abigaiil Morris stars with Danny D in the latest release from Brazzers, titled "Cooking With Abigaiil."

Barbie Rous Is Hustler's 'Cover Honey' for April

Barbie Rous is the Cover Honey for the April issue of Hustler Magazine and appears in a 12-page centerfold spread shot by Davide Esposito.

Lovita Fate Returns to Immoral Productions

Lovita Fate stars in the latest trilogy from Immoral Productions, alongside Devils Kos, Terry Banks, and studio honcho “Porno Dan” Leal.

Andi Avalon, Emma Rosie Front Latest From Girlsway

Andi Avalon and Emma Rosie star in the latest Girlsway release, titled “Her Favorite Dessert.”

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Performer/Creator Seth Peterson Passes Away at 28

Performer and creator Seth Peterson passed away on Saturday, according to his fiancé and best friend, Kobe Marsh. Peterson was 28.

Alina Lopez on Finding the Blueprint for XMA Gold

“This year, I’ve already traveled out of the country, gone to two major award shows and bought a new house,” Alina Lopez tells XBIZ, offering a sigh of exhaustion. “And February’s not even over.”

Avery Lust Leads New Scene from Grooby

Avery Lust stars in the latest release from Grooby Girls, titled “In the Wild.”

Avery Lust, Kasey Kei & Nicole Vaunt Headline 'TS Adventures 2' From TransSensual

Avery Lust, Kasey Kei, and Nicole Vaunt topline “TS Adventures 2” from Mile High Media studio imprint TransSensual.

Show More