[OPLINLIST] FW: [ala-ifc] FW: Third Circuit Court of Appeals Strikes Down the Children's Online Protection Act (COPA)

Kent Oliver koliver at starklibrary.org
Tue Jul 22 14:28:06 EDT 2008


FYI, Kent

Kent Oliver, Executive Director
Stark County District Library
715 Market Ave., N., Canton, OH 44702
W: 330 458 2710 FAX: 330 455 9596
KOliver at starklibrary.org
"[L]ibraries in the United States can contribute to a future that values and protects freedom of speech in a world that celebrates both our similarities and our differences, respects individuals and their beliefs, and holds all persons truly equal and free."-Libraries: An American Value

This communication is a confidential and proprietary  communication. It is intended solely for the use of the designated recipient(s). If this communication is received in error, please contact the sender and delete this communication.

-----Original Message-----
From: Deborah Caldwell-Stone [mailto:dstone at ala.org]
Sent: Tuesday, July 22, 2008 1:50 PM
To: ala-ifc at ala.org
Subject: [ala-ifc] FW: Third Circuit Court of Appeals Strikes Down the Children's Online Protection Act (COPA)


Folks, I'm resending this post as it appears that the Sympa system ate the message.  My apologies if you receive a double post.

Deborah

-----Original Message-----
From: Deborah Caldwell-Stone
Sent: Tuesday, July 22, 2008 9:45 AM
To: Angela Maycock; Bryan Campbell; Jen Hammond; Jonathan Kelley; Judith Krug; Nanette Perez; Reichman, Henry
Cc: 'ala-ifc at ala.org'; 'ftrf-l at ala.org'
Subject: FW: Third Circuit Court of Appeals Strikes Down the Children's Online Protection Act (COPA)

The court this morning issued a unanimous opinion in ACLU v. Mukasey affirming the District Court and holding that the Child Online Protection Act is unconstitutional.

The court held that COPA is vague and overbroad, and that it does not constitute the least restrictive means of protecting children.  In reaching these conclusions, the court also confirmed that COPA does not apply to websites outside the U.S.

COPA is the successor statute to the Communications Decency Act, which attempted to extend indecency rules to the Internet.

The opinion is attached.
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