Since its inception, people have criticized the Internet for the dangers it presents to children who may freely browse any number of adult sites online. Local, state and federal officials have all attempted to address these concerns, but legislation limiting underage access has more often than not been disbanded in the courts.
This week, the Supreme Court heard oral arguments in Ashcroft v. ACLU, a case dealing with the constitutionality of a law passed by Congress in 1998 called the Child Online Protection Act.
The case could be a turning point in the struggle over regulating Internet content. Victory for the government could mean that federal authorities could assign commercial Web sites the burden of ensuring that children do not see inappropriate material. If the ACLU prevails, it could be up to parents to make and enforce such decisions.
The ACLU argues the law would cripple free speech for adults in cyberspace.
Proponents of the legislation, on the other hand, contend it effectively addresses the free-speech concerns handed down by the Supreme Court in the 1997 decision, ACLU v. Reno, striking down an earlier anti-pornagraphy law.
Lower federal courts have sided with the ACLU, and the federal government is under court order not to enforce COPA.
The Third Circuit Court of Appeals ruled last year that COPA’s reliance on “community standards” to determine what is harmful to minors was unconstitutional because the most restrictive community’s standards would have to be treated as the norm for the entire country.
We believe COPA’s intent tp protect minors from harmful material is in theory a good idea, but in practice, will violate the First Amendment rights of America’s Web-surfing citizens. Most difficult to proper enforcement of COPA is the idea of “community standards.” The Internet is global, with pornographic material being produced world wide. Even with the most stringent enforcement of this law, minors could still access foreign Web sites outside the grasp of the arm of American law.
The responsibility of protecting minors falls on the parents. And while passing a law might seem like the easiest way to solve the problem, its enforcement is impractical, and most importantly, unconsitutional.
