Judge Strikes Down COPA, 1998 Online Porn Law
Begopa sends in word that a federal judge has struck down the Child Online Protection Act. The judge said that parents can protect their children through software filters and other less restrictive means that do not limit others' rights to free speech. This was the case for which the US Department of Justice subpoenaed several search companies for search records; only Google fought the order. The case has already been to the Supreme Court. Senior U.S. District Judge Lowell Reed Jr. wrote in his decision: "Perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection."
For once, the mouth on the Censorship icon should have the black strip removed. This law has been the dark specter over every forum I've seen for years, and many non-communication-related services, too.
The question is, is COPA finally dead, for good? No more judgements to be made on the case? Please? The article doesn't specify if it could be appealed again.
I realize they'll just pass another law with similar provisions, but at least this helps set the tone in the courts.
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Its about time that courts are finally seeing that our personal liberties are more important than fascist legislation that only appears to protect us and/or our children. Lets hope more are to follow.
This is a Good Thing®. I'm so tired of hearing about how people aren't being responsible enough, so we need to remove those responsibilities from them. Seems kinda counterintuitive to me.
Community standards are not a good way to police a country that promises liberty and justice for all.
Forget the federal attorneys, he obviously intended to sack all the federal judges and replace them with new ones loyal to the Empire
"It is not reasonable for the government to expect all parents to shoulder the burden to cut off every possible source of adult content for their children, rather than the government's addressing the problem at its source," a government attorney, Peter D. Keisler, argued in a post-trial brief.
Mr. Keisler then pointed at a child in the back of the the court playing a PSP and continued, "I mean, it's not like I have time to watch this brat."
-Rick
"Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
I for one thank our porn permitting overlord!
The original generic sig.
Man, the moms from Mothers Against Canada are gonna be so mad.
Tyranny isn't the worst enemy of a democracy. Cynicism is.
And just how many families are going to give up that unnecessary second income? *crickets chirping* I thought so.
I've seen a lot of people of both sexes talk the talk, but then not even walk at all when it's time to walk the walk.
Parental responsibility includes a recognition that your needs aren't important compared to your family's. You like your job, but don't need it to support your kids? You have a moral obligation to quit if it is getting in the way at all of being a parent.
But we can't say that today because that's "sexist" and "backward." Funny how well "modernity" seems to be working out for families. Divorce rates through the roof, kids screwed up right and left, but hey, let's ignore all of that and focus on abstract ideas that make us feel good, right?
Instead of fawning over Google, thank Salon.com and the other sites that sued, and ACLU for helping them.
As I read the article, the following jumped out at me.
"The Web sites that challenged the law said fear of prosecution might lead them to shut down or move their operations offshore, beyond the reach of the U.S. law."
Move their operations offshore?? We see how that worked for the casinos, They will get you when changing plains. :
How about move it offshore, Move out of the country, and NEVER set foot on US soil again! A hard thing to do in these times. Next you know the US will divert plains and instruct them to land on US soil, just to arrest some one.
Oh well, welcome to the Land of the Free and home of the Brave....
Please note that the above statement predates the current laws restricting your freedom of speech, Freedom of the press and freedom to assemble(1). The restrictions on gun ownership(2), The no-knock warrants (4), Holding people with out a trial outside of the country (5,6), Setting bail above the amount a person can make in there lifetime (7), and the loss of amendments 9 and 10 after the civil war. But you are free to excersize you 3rd amendment right! "Amendment #3 No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
Oh, and as for the Brave part. You can not be brave and defend your self with deadly force unless you have first tried to run away and hide. If there is no where to run, then you can be brave and defend your self.
I am all for a constitutional Tea party to show that the Americans have not lost the spirit of what was started, Just this time we should sink cigarette trucks! The Tax on them is through the roof! The government makes more from a pack of cigarettes than the cigarette companies do!
Ok, I am going to put away my soap box and get back to work.
That quote about First Amendment rights being "chipped away", is from Reed's opinion in ACLU v. Reno, 31 F. Supp. 2d 473, issued in 1999.
This is not my sandwich.
...and my favorite, "Free Speech Areas" at political conventions.
Intron: the portion of DNA which expresses nothing useful.
American Parents need to be prosecuted by our laws for the actions of their children. Growing up, I was constantly reminded by my teachers and my parents that if I commit a crime as a minor, my parents could be held equally accountable. Not knowing if that was actually true then, it seems like a pretty good idea to me. Placing the entire responsibility in plain view like this would be a positive post-action to this decision. Sure the liberals will quip "but what if [substitute a situation]", but lets get one thing straight here: You are the conscious of your children until they are 18 years old. Therefore, the ultimate responsibility for protection from all things evil and wrong is the parent. "What if my child is just wild, and just commits a crime to get me in trouble?" Let me say this: If you have a precedence set which shows you have done everything imaginable to prevent that crime from happening, how can you be held accountably negligent? In itself, this wipes out the majority of slacking little fund sucking little freeloading parents in the US that are basically asking Legislators to raise their children- in the schools, in the afterschool programs, and on the weekends. I'm sick of all the oversite. Childporn is wrong, disgusting, and a very real problem. However, the gating point for access to my children is me
...and my favorite, "Free Speech Areas" at political conventions.
Um, just out of curiosity... if you and, say, 500 of your idealogical or cultural fellows applied for and got a permit to occupy a public street or use a facility of some sort, and held such an event... and then someone else gathered 1000 drum-banging loons you can't stand to march in and shout down the communication you're trying to have between yourself and your 500 friends, would you consider the complete inability to hold the event for which you obtained the permits, paid the fees, etc., to be an example of your first amendment rights being protected? Or would you consider the 1000 people without the permits, who are specifically stepping in to disrupt your activity, to be the ones at fault? Should every peaceful demonstration or political rally really just be a complete shouting and shoving and size-of-signs contest to see who can drown out who? Why is it that some people think that only disruptive and sometimes destructive street antics are valid discourse in a public space, and don't get the irony because their typical idealogical opponents don't consider such amateur theatrics to be actually persuasive, and as such they don't "retaliate" with the same when the roles are reversed?
If your protesting or demonstration group - or, a much larger political organization to which you belong and which holds events that you attend - goes through the right steps to spend a day holding an event on the mall in DC (or wherever), would you consider your rights well looked after if your speeches or performances or other messages were simply disrupted/ended by idiots with giant puppets while the police, who are there to enforce the conditions of the permit that you properly obtained, just stand by and watch your event - and your use of the space you arranged to use - become worthless to you? You can't have it both ways.
Don't disappoint your bird dog. Go to the range.
Oh, that's right. I forgot about that part of the First Amendment that says that the protections it guarantees are limited to people above a certain age. Can somebody remind me exactly which age group of people it is to whom the Bill of Rights doesn't apply?
Goodbye mod points, but I feel too strongly about this to keep my trap shut...
No jokes, please