Judge Overturns US Internet 'Child Blocking' Law

by KYW's Michelle Durham

A federal judge has struck down the 1998 "Child Online Protection Act" -- the law that made it a crime for commercial web site operators to let children access what the law classified as "harmful material" (see related story).

ACLU spokesperson Larry Frankel is thrilled by the decision. He says the law was flawed from day one:

"The law only applied to web sites that have their origin in this country, so therefore the law was not going to get at the major source of what people seem to object to."

Frankel says the ACLU had been fighting against the law since its passage because, they claim, the "harmful material" also includes items other than pornorgraphy:

"I think the court is concerned about information about contraception that minors may be able to have. Possibly about rape in prison. Or even information about pregnancy and how to prevent pregnancy."

Charles Miller is a spokesperson for the US Department of Justice in Washington, which defended this law in court:

"The Department of Justice is going to review the court's decision and we have made no determination as to what the government's next step will be in this."

David Kairys, a professor of Constitutional law at Temple University, isn't surprised by the outcome:

"The court usually has not accepted the banning of certain materials by adults because they might get to children."

Kairys also believes the Bush administration will challenge the court ruling.

KYW's Suzanne Monaghan spoke with Delaware Valley residents who are voicing their opinions on the judge's decision. 

Sharon Finley is the mother of a teenager and spent the day visiting the Liberty Bell and Independence Mall, which she says reminded her of the freedoms afforded to American's.

"I just feel like I'm such a defender of the right of our freedom of speech that I think it really would be more on the parent's responsibility than some court saying that."

But Mike Berman of Philadelphia says the courts need to consider the future when it comes to policing the internet.

"You can't can't walk down the street and pass a window and see pornography in the window, that's illegal.  And I think the internet is becoming that.  It's becoming the virtual sidewalk or the virtual city of the future so you shouldn't be allowed to post pornography in the virtual city just like you cant' post it in a regular city.