The case over the 1998 Child Online Protection Act, known as
COPA, was brought by the American Civil Liberties Union (ACLU). The
ACLU argues that law’s ban on material which is legal for viewing
by adults is inconsistent with the US Constitution’s principle of
free speech.
COPA creates a crime of knowingly placing on-line for commercial
purposes any material that is “available to” and deemed harmful to
minors. Violation carries a fine of up to $50,000 and 6 months in
prison.
There is a defence if the web site operator restricted access to
minors by:
“requiring use of a credit card, debit
account, adult access code, or adult personal identification
number; by accepting a digital certificate that verifies age; or by
any other reasonable measures that are feasible under available
technology.”
COPA applies “contemporary community standards” to determine
whether or not material is harmful to children. Justice Clarence
Thomas said that this approach “does not by itself” violate the
Constitution; but he added that the court was not expressing views
on whether the law may be unconstitutional for other reasons.
Accordingly, in an 8-1 vote, the Supreme Court sent the case
back to the US Court of Appeals for the Third Circuit in
Philadelphia which had previously upheld an injunction to stop the
law coming into force pending resolution of the dispute.
In a dissenting opinion, Justice John Paul Stevens argued that
the law is too broad and that it could capture on-line
advertisements, magazines, bulletin boards, chat rooms and stock
photo galleries.
