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July 26, 2008

The Child Online Protection Act (COPA) Unconstitutional

The Third U.S. Circuit Court of Appeals [opinion] upheld a lower court ruling striking down the Child Online Protection Act (COPA) which required Web operators to restrict access to large amounts of constitutionally protected speech. In its ruling the court said COPA "cannot withstand a strict scrutiny, vagueness, or overbreadth analysis and thus is unconstitutional." Hat tip to Mark Giangrande (DePaul), Tech Law Prof Blog. [JH]

July 26, 2008 in Litigation in the News | Permalink

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Comments

Thank goodness this law was struck down again. I was scared for a minute, given the gradual and quiet erosion of our rights in recent years. I seriously hope the government doesn't keep trying to push this law into validation as it's currently written. It's ridiculously broad and chilling to free speech.

Posted by: Amiker | Jul 26, 2008 6:05:18 PM

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