The Supreme Court today refused to grant cert. in Mukasey v. ACLU, challenging the Child Online Protection Act of 1998. After several trips to the Supreme Court, the District Court most recently struck the law down for being impermissibly vague and not at all narrowly tailored to meet a compelling interest. The District Court found ‘less restrictive’ ways of shielding minors from pornography and held that the COPA therefore was not narrowly tailored. The Third Circuit agreed for the same reasons as the District Court. With the denial of cert. today, the litigation surrounding the case is likely complete.

The law imposes fines and other penalties on individuals who post “material that is harmful to minors” on the internet and even harsher penalties for voluntarily doing that or doing it for commercial purposes.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • An Unusually Short Long Conference: The Supreme Court released an order list from yesterday's Long Conference and, in a surprising move, it granted only seven cases. That numbe...
  • Final Term Index: Here is the final Term Index for October Term 2009. OT09_term_index_final
  • Another Elena Kagan - Miguel Estrada Connection: Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan's confirmat...
  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...