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Supreme Court Rules Against Anti-Porn Law

Saeed al-Sahaf writes "From Fox News/AP, the Supreme Court has ruled that the COPA (Child Online Protection Act), passed in 1998 ostensibly to shield kids from Web porn, is probably an unconstitutional muzzle on free speech. This is not quite like 'striking the law down' because the court simply said a lower court was correct to block the law from taking effect, since it likely violates the First Amendment, and sent the law back to a lower court for trial. The American Civil Liberties Union and other critics of the antipornography law said that it would restrict far too much material that adults may legally see and buy, the court said."

27 of 975 comments (clear)

  1. Fox News' stellar unbiased reporting by miketang16 · · Score: 5, Insightful

    "The Supreme Court ruled Tuesday that a law meant to punish pornographers who peddle dirty pictures to Web-surfing kids is probably an unconstitutional muzzle on free speech." No... no... that's an objective fact-based introduction to the article.

    --
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    "In times of universal deceit, telling the truth becomes a revolutionary act."
    -- George Orwell
    1. Re:Fox News' stellar unbiased reporting by jmbauer · · Score: 5, Informative

      Actually, that's how AP wrote it, so many other newspapers are stating it the same way. Fox News gets a pass this time ...

    2. Re:Fox News' stellar unbiased reporting by Sgs-Cruz · · Score: 5, Interesting
      Maybe the part about 'peddles to kids'?

      The porn isn't being sold to the kids, it's just that they sometimes get to see it when they shouldn't. It's not like the cigarette companies which were (are?) directly advertising to minors.

      --

      Karma: pi (Mostly due to circular reasoning in posts).

    3. Re:Fox News' stellar unbiased reporting by Davak · · Score: 5, Insightful

      If you want unbiased, read through the report yourself... If you are basing your opinion on any news station, you are not going to get the real story.

      Original Source of the Bill

    4. Re:Fox News' stellar unbiased reporting by proj_2501 · · Score: 5, Informative

      that wasn't a fox news article. did you notice the 'associated press' byline?

    5. Re:Fox News' stellar unbiased reporting by no+reason+to+be+here · · Score: 5, Interesting

      I was talking once to an associate of mine, and he was complaining about the left leanings of CNN and other news outlets, which is why he preferred Fox News Channel.

      I responded, "but they're even more right-wing than you could possibly accuse cnn of being left-wing. They certainly provide a far more biased assessment of the news."

      To this he responded, "Yeah, but Fox is more just commentary and editorials, not news reporting, unlike CNN or MSNBC."

      "But is says news right in the name!" I countered. "It's Fox NEWS Channel, not Fox Commentary Channel."

      Needless to say, he's not my friend anymore. /True story.

    6. Re:Fox News' stellar unbiased reporting by Anonymous Coward · · Score: 5, Insightful

      Tobacco: gives you lung cancer.
      Porn: gives you a hard on.

      Yeah, he's way out there in looney left wingnut land.

  2. this law stinks by machacker · · Score: 5, Interesting

    the problem is that not only do non-porn sites get blocked, but porn sites get blocked. Pornography is also free speech. People don't seem to get that. Protecting children from porn (if you can even call it protecting) is soly the responsibility of the parents.

    1. Re:this law stinks by LostCluster · · Score: 5, Insightful

      The key is that when you give a child access to the Internet, you're the one giving them access to all bad things on the Internet too. The responsiblity starts and ends at the parents.

    2. Re:this law stinks by cexshun · · Score: 5, Funny

      Interesting because things got awfully hairy when helping my little cousin do research for his 3rd grade paper on the "North American Beaver". Even with me sitting next to her, it's hard to keep her from reading the interesting site descriptions given on google.

    3. Re:this law stinks by IIH · · Score: 5, Insightful
      I take my son to the supermarket with me and let him look at the candy bars while I grab some bread in the next isle. My son grabs a pack of cigarettes and purchases them, then it is 100% my fault and the supermarket is not liable? Of course it's my fault he bought them, but the clerk has just broken the law by selling them to a minor

      A more accurate comparasion would be your son buying the cigarettes from a vending machine (which has the age limit displayed on it) - the web site can't personally verify the age of the purchaser either.

      In this comparasion, the law would be trying to outlaw all cigarette vending machines just because children might buy from them if unsupervised. A better way to deal with it, imo, would be to ensure that cigarette vending machines are located in places where either children aren't allowed, or where they are likely to be accompanied - and many people would take the position that the internet isn't a place for unaccompanied children, hence the parent's comment about parential responsibility.

      --
      Exigo spamos et dona ferentes
  3. Wha-?! by egg+troll · · Score: 5, Funny

    There's porn on the Internet? Does anyone else know about this?

    --

    C - A language that combines the speed of assembly with the ease of use of assembly.
  4. Re:Oblig. Simpsons Quote by Anonymous Coward · · Score: 5, Insightful

    I'm still waiting for someone to demonstrate actual harm to children from pornography.

    It's hard to ask a question like that as anything but an AC, because you end up being tarred with the NAMBLA brush. But that doesn't change the fact that the question needs to be asked before passing Constitution-endangering legislation to "save the children."

    Who, besides evangelical freakshows, can make a serious argument that kids are corrupted for life when they see naked boobies on the Intarweb?

  5. Bi-Partisan bill by El+Pollo+Loco · · Score: 5, Insightful

    The high court divided 5-to-4 over a law passed in 1998, signed by then-President Clinton and now backed by the Bush administration.

    Just remember kids, it's BOTH democrats and republicans out to take away your rights. It's not a left vs. right struggle, it's a class struggle. Just as it's been throughout history.

  6. The actual court finding: by Geiger581 · · Score: 5, Informative

    Here. It's a long read, but even in skimming you can get far more detail than any Fox or CNN report. In fact, find more detail than the government or media really wants you to know at: http://www.supremecourtus.gov/. The relevant link ('Recent Decisions') is near the top just above the pretty picture of the courthouse itself.

  7. Re:Oblig. Simpsons Quote by no+reason+to+be+here · · Score: 5, Interesting

    Well, think about the unrealistic expectations that pr0n sets for sex in the real world. I have heard much anecdotal evidence about couples in their 20s where the woman has to basically act like pornstar in the bedroom in order to interest the guy at all because he's become so desensitized to sex by all the pr0n he's been seeing since he was 16.

    Now, imagine now how much worse it'll be for kids who are growing up on the Internet with a world of porn at their fingertips. I teach at a high school where all the kids are given laptops and wireless net connectivity, and I know that all of them, male and female alike, have gone to at least one pr0n site on purpose, not to mention all of the goatse's, lemonparty's, etc. that they are tricked into viewing by their maliscious friends.

    We're going to have an entire generation of kids who are completely jaded concerning sex while simultaneously haveing all kinds of complexes because their boobs, penis, butt, etc. is too small.

  8. Re:Oblig. Simpsons Quote by RazzleFrog · · Score: 5, Interesting

    God forbid that children get the idea that sex can be an enjoyable experience and that sex outside of the missionary position is acceptable. Porn saves many relationships because it gives couples new ideas. Not all porn is John Hugecock and Jane Boobjob having violent sex with a plunger up her ass. There is plenty of porn that is designed for couples.

    Either way, if a guy is treating his girlfriend like a porn star than perhaps he has other respect issues that need to be dealt with. While porn will not cause a man to be disrepectful it may make it worse.

  9. Re:Oblig. Simpsons Quote by grungebox · · Score: 5, Interesting
    I'll risk my karma and post as "grungebox." No AC for me!

    It's weird how we Americans hate porn so much more than violent media. I know when I was 5, my dad let me watch Die Hard on video since it was all violence and no sex. That seems inherently backwards when I reflect upon his thinking. I mean, violence is not a natural, productive extension of human behavior. Sex is. No, I'm not riding against GTA or something (especially since the package is clearly marked M for Mature), since escapist violence has its place as entertainment as well.

    Here are the popular arguments I hear (and the responses) against kids seeing porn:
    1) They'll become rapists
    Answer: Rape is widely viewed as being linked to violence rather than sexual gratification. It's a crime of power. Even if rape is linked to sexual needs, the personal threshold to commit such an atrocity is probably linked to either inherent psychological detriments or a desensitized state of being regarding violent acts, which probably has more to do with 9-year-olds playing GTA than 9-year-olds reading Playboy.
    2) Kids will become addicted to porn like drugs
    Answer: Stop watching Jerry Falwell. Porn has no chemical dependency, and if a child wishes to explore what they're born with, who is it harming? They're not going to go blind
    3) Date rapes are about getting some, not violence. Kids will feel a need for sex if they're exposed to porn, and they'll get it one way or another
    Answer: This relates to the answer to 1), but also has a separate argument. The contention that seeing porn -> needing sex is tenuous, and is hardly more persuasive than "not seeing porn -> curiousity/forbidden fruit -> needing sex". If you've never seen a person naked, the appeal is heightened in hormonally-charged situations such as dates. Frankly, the idea of something being banned for kids only makes them more interested. Ask George Bush Sr. and his oh-so-successful War on Drugs. 4) Children become densensitized to sex, making sex less enjoyable.
    Answer: Okay, that's a legitimate concern, and I'd be willing to agree. However, that hardly warrants the extremely unconstitutional methods proposed by current anti-porn legislation. Perhaps schools ought actively engage in sexual discourse, but that ain't happening in this lifetime.

    I'm sure there are some holes in the arguments. No pun intended.

  10. Re:Oblig. Simpsons Quote by Denyer · · Score: 5, Insightful
    much anecdotal evidence about couples in their 20s

    Yes, but these are blokes who treat Loaded as a bible, toot their car horns at billboards and generally are stuck in a mindset of artificial = sexy.

    The rest of us, who discovered porn in our teens (and quite a bit younger than 16) got bored with people faking it, and realised that good sex is about intimacy rather than image.

    --
    Ph-nglui mglw'nafh Gates M'dna wgah'nagl fhtagn.
  11. What happens when children look at themselves? by Hamster+Lover · · Score: 5, Funny

    What happens when children look at themselves naked? Is that damaging?

    I recall that I started having my first sexual urges around 13. My mom caught me reading a Playboy magazine and sent me to counselling. What a fucking waste of time. In the end, the psychiatrist explained to my mother it was normal for human beings to develop sexual urges starting in their early teens.

    I'd like to go on, but a fellow inmate needs to use this computer...

  12. Oh, one more thing... by NeoGeo64 · · Score: 5, Insightful

    US law will never change the Internet. Porn sites that are domestic will simply move to overseas hosts that are located in countries with lax laws.

  13. Re:Why peddle porn to kids? by Anonymous Coward · · Score: 5, Insightful

    Hi. I'm Darkmind of Darkmind Web. Mind control erotic literature.

    I am not interested in selling porn/erotica at all. I am interested in writing dirty stories, and putting them up someplace where people can see them. I have registered my site with various child blocking services, and put up a big warning at the front.

    But I'm not interested in having to set up a credit card verification system just to post my stories. And that is what this law would have required.

    I am not interested in distributing it to minors. They probably would misunderstand it. (Heck, many adults will misunderstand it.) I'm just interested in distributing it to people who are of age and interested without having to require I keep track of each and every person who arrives. It would take to much time and money on my part, and be intrusive on theirs.

    A lot of people on this site complain about the New York Times' (and others) required login. Is it so bad that I don't want to do that?

  14. Re:Why peddle porn to kids? by Sloppy · · Score: 5, Funny
    They do it to corrupt the youth of America. It'sa multi-pronged attack:

    Sex, which was invented by Satan, is evil. When you expose people to sex, you score points with the Great Horned One. For example, let's say your child is exposed to pornography, and this gives him the idea of having sex. At the end of his life, when he is at St Peter's gate, Pete will look at your kid's sex monitoring chip and see he had more orgasms than the number of children that his wife conceived. This sends your child (and his wife) to Hell to burn forever in eternal anguish. The pornographer gets a referral fee every time this happens. Whoever gets the most referral fees, will get to sit at the Right Hand of Satan and become a Duke of Hell, with the usual perks such as glorious prestige, command of demon armies, etc.

    It's also about specifically corrupting the youth of America. Pornographers hate America. When your child spends time and energy masterbating to pornography, he is diverting effort away from doing productive things that would make, say, North Korea, look bad. It gives North Korea a chance to catch up. This is desirable from the point of view of a pornographer, because they want Communism to win.

    They also publish porn purely out of sadistic malice. They know it hurts and offends people and makes baby Jesus cry, and that's pretty exciting.

    Hope this helps and answers your question.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  15. You're fucking kidding me... by TexVex · · Score: 5, Insightful
    From the article (emphasis mine):
    Tuesday's pornography ruling is more nuanced, but still a blow to the government.
    Ok, let me explain some fifth grade Social Studies. This shit should be obvious to grade-schoolers. This ruling is an effect of our government regulating itself according to the rules set forth in the Constitution. This is not a "blow" to the government. It is a blow to the court case of a particularly overreaching couple branches of our government, but don't even start to think that somehow the Supreme Court is not part of the government and therefore capable of delivering a blow to the government.
    --
    Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  16. Left vs. right does make a difference! by roystgnr · · Score: 5, Funny

    If a law comes from the left, it's usually stupid. If it comes from the right, it's usually evil. "Bipartisan" just means it's stupid and evil.

    But hey, it's a two party system, and you don't want to throw your vote away. Are there even any local government elections in the US which use Condorcet voting yet?

  17. Re:Arrogant by Tassach · · Score: 5, Interesting
    As a libertarian, my experience is completely opposite -- I generally find folks on the left to be more comfortable neighbors than those on the right.

    Most self-professed liberals I've encountered genuinely respect the rights of others and want to make society more just and equitable for everyone.
    Most self-professed conservitives I've encountered are intent on imposing their political and religious beliefs on everyone else.

    Most liberals I've talked to are willing to have a rational discussion of the issues and are at least willing to listen to an opposing viewpoint
    Most conservatives I've talked to are totally convinced that they are 100% right and everyone else is 100% wrong, and are not willing to even acknowledge a dissenting viewpoint.

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    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  18. ACLU and 'liberalism' by MrLint · · Score: 5, Insightful

    A friend passed along a url to me the other day about the ACLU. I strongly suggest people read it, not only to perhaps dispel a few preconceived notions, but to read the replies the author got and reflect.

    There seems to be a portion of the citizenry that cannot seem to abstract their own beliefs (and belief systems) from reality. There also appears to be a distinct willful decision not comprehend separation of church and state. Individuals have the choice to restrict (or not) themselves, government does not have the choice to restrict or advocate. Why do I bring this point up? many of the "please think of the children" are running on their own religious views about sex, and sexual content, and are pushing their agenda unto to the government, pushing the govt into a role is it not only ill suited for, but has no place in. Let us examine a hypothetical, if used in a similar manner, laws could be passed to shut down any non-kosher restaurants and stores. Clearly no one pushes this because the govt has no role enforcing a set of religious beliefs or edicts, regardless the rhetoric they are couched in.

    This of course puts the onus on the parents to handle the situation, and that is where the responsibility lies.