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

Jazmine Cruz, McKenzie Mae Make Their Girlsway Debuts

Jazmine Cruz and McKenzie Mae make their Girlsway debuts in the latest installment of "Mommy's Girl," titled "The Bare Minimum."

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Scott Nails in the latest release from Brazzers.

Kimmy Kimm, Khloe Kapri & Alex Jones Lead Latest From Bellesa Plus

Kimmy Kimm and Khloe Kapri star with multi-XMAs winner Alex Jones in the latest scene from Bellesa Plus, titled “Her Last Day.”

BranditScan Rolls Out 2 New Platform Features

BranditScan has introduced its new Traffic Optimization and Doxing Protection features for creators.

FreeUse to Drop New Limited Series 'Time Stop'

FreeUse will premiere a three-part limited series next week, titled “Time Stop.”

NMG Management Partners With Cosplayground to Scale Distribution

NMG Management has partnered with Cosplayground to expand the studio’s digital distribution and licensing operations.

Dreamcam Rolls Out 'Voice Translator AI'

Dreamcam has introduced a Voice Translator AI to its livestreaming platform.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a pending ban on “step” content to apply only if adult performers role-play as minors.

Lola Riley Makes Her WIFEY Debut

Lola Riley has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Devon, and Hollywood Cash.

Andi Avalon Is April's 'MYLF of the Month'

Andi Avalon has been named "MYLF of the Month" for April and stars in a new release with Nade Nasty.

Show More