Supreme Court Agrees to Second Review of Internet Censorship Law - A law restricting online distribution of content that is "harmful to minors" takes a second trip to the nation's highest court, as the Supreme Court today agreed to review a lower court decision striking down, for the second time, the Child Online Protection Act (COPA). A Philadelphia appeals court first struck down COPA in 2000. The Justice Department appealed and Supreme Court last year disagreed with part of the court's rationale and sent the case back, leaving in place an injunction against enforcement of the law. On its second review, the appeals court again declared COPA a violation of the Constitution's First Amendment, finding that the law was not the least restrictive means to achieve the government interest in protecting children. The Justice Department again appealed and today the Supreme Court again accepted the case. Arguments will likely be in early 2004, with a decision before next summer. CDT staff counsel and First Amendment expert John Morris said, "Given the filtering tools that are available to parents and teachers to protect children from offensive content, it's a shame to see the Justice Department wasting resources continuing to defend a flawed and ineffective law." October 14, 2003
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