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

  • Updated Term Stats: Term Index Vote Breakdown Vote Breakdown Stats --- You can see from the Term Index that Justice Stevens is the most likely author of...
  • Updated Term Statistics: I've updated the Term Statistics to reflect this week's opinions. Complete --- Term Index Opinion Breakdown Vote Breakdown
  • Another Addition to the Two-in-a-Month Club: Former Solicitor General Gregory Garre is scheduled to argue twice during the December sitting, a relatively uncommon feat for private pract...
  • Final Term Index: Here is the final Term Index for October Term 2009. OT09_term_index_final
  • Profile: H. Bartow Farr, III: In the past, we've profiled notable advocates and judges that were in the news. This is the first in a series of posts about the advocates w...