Ashcroft v. ACLU: The Fate of the Child Online Protection Act

Authors

• Marybeth Eyrich

Abstract

Concerns about the proliferation and accessibility of cyber-porn motivated Congress to pass legislation intended to protect children from on-line pornography. This nascent attempt to regulate the Internet has not yet passed constitutional muster, as Congress's efforts to protect children have been thwarted by First Amendment challenges. Ashcroft v. ACLU examines, but does not resolve, the constitutionality of the Child Online Protection Act ("COPA"). The issue in Ashcroft was whether COPA's use of "community standards" to identify "material that is harmful to minors" violated the First Amendment. In a plurality opinion, the Court held that COPA's use of "community standards" does not alone render the statute facially unconstitutional. The Court did not offer a unified rationale for its decision, nor did it resolve the issue of how to apply community standards to the Internet without violating the First Amendment. Until the Court decides this issue, the viability of federal obscenity statutes as applied to on-line material remains questionable.

Recommended Citation

Marybeth Eyrich, Ashcroft v. ACLU: The Fate of the Child Online Protection Act, 7 Computer L. Rev. & Tech. J. 331 (2003)