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...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...
  • Rate of 5-4 Majority Opinion Authorship: As a general matter, the Justices that tend to carry the greatest ideological authority on the Supreme Court should be the ones authoring th...
  • Advocate Watch: With the Term quickly approaching it's midway point, we can take a look at which advocates have made the biggest mark on the Term. Hearing L...